| 1 | 1 | | 25 LC 44 2910 |
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| 2 | 2 | | House Bill 195 |
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| 3 | 3 | | By: Representatives Ridley of the 22 |
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| 4 | 4 | | nd |
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| 5 | 5 | | , Ridley of the 6 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Horner of the 3 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Tarvin of the 2 |
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| 10 | 10 | | nd |
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| 11 | 11 | | , |
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| 12 | 12 | | Reeves of the 99 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | enforcement of rules and regulations regarding registration, operation, and sale of watercraft,2 |
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| 20 | 20 | | so as to require probable cause for summonses and boarding vessels; to provide for related3 |
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| 21 | 21 | | matters; to provide for a short title; to repeal conflicting laws; and for other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | This Act shall be known and may be cited as the "Constitutional Rights for Hunters and7 |
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| 25 | 25 | | Boaters Act."8 |
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| 26 | 26 | | SECTION 2.9 |
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| 27 | 27 | | Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of10 |
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| 28 | 28 | | rules and regulations regarding registration, operation, and sale of watercraft, is amended by11 |
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| 29 | 29 | | revising subsection (a) and paragraphs (4) and (4.1) of subsection (b) as follows:12 |
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| 30 | 30 | | "(a) Any person empowered to enforce this article and any rule or regulation adopted13 |
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| 31 | 31 | | pursuant hereto who finds or has probable cause to believe that a law of this state or any |
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| 32 | 32 | | 14 |
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| 33 | 33 | | rule or regulation of the board has been violated shall have the authority to stop and board15 |
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| 34 | 34 | | H. B. 195 |
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| 35 | 35 | | - 1 - 25 LC 44 2910 |
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| 36 | 36 | | any vessel subject to this article or any such regulation for the purpose of inspection or |
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| 37 | 37 | | 16 |
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| 38 | 38 | | determining compliance with this article and is empowered to issue a summons for17 |
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| 39 | 39 | | appearance in court or before a magistrate for all violations of this article or of the rules and18 |
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| 40 | 40 | | regulations prescribed hereunder. Vessels of law enforcement personnel shall be marked19 |
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| 41 | 41 | | to identify them as designated enforcement vessels."20 |
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| 42 | 42 | | "(4) To board vessels in use, for purposes of examining any documents and safety21 |
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| 43 | 43 | | equipment, and to search without warrant any vessel which is not at its regular mooring22 |
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| 44 | 44 | | or berth when he believes |
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| 45 | 45 | | probable cause exists that any law of this state or any rule or23 |
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| 46 | 46 | | regulation of the Board of Natural Resources board relating to boating has been violated;24 |
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| 47 | 47 | | (4.1) To board vessels in use or floating, whether moored or not, for purposes of25 |
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| 48 | 48 | | examining any marine toilets, holding tanks, and documents related to them, including26 |
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| 49 | 49 | | records of pump-out and certificates of compliance, and to search without warrant any27 |
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| 50 | 50 | | such vessel to determine compliance with the provisions of this article related to marine28 |
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| 51 | 51 | | toilets when the officer believes probable cause exists that any of said provisions of this29 |
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| 52 | 52 | | article relating to marine toilets have been violated;"30 |
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| 53 | 53 | | SECTION 3.31 |
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| 54 | 54 | | All laws and parts of laws in conflict with this Act are repealed.32 |
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| 55 | 55 | | H. B. 195 |
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| 56 | 56 | | - 2 - |
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