| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0719* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 719 | |
| 11 | 8 | M1 5lr0347 | |
| 12 | 9 | CF 5lr0348 | |
| 13 | 10 | By: Chair, Environment and Transportation Committee (By Request – | |
| 14 | 11 | Departmental – Natural Resources) | |
| 15 | 12 | Introduced and read first time: January 27, 2025 | |
| 16 | 13 | Assigned to: Environment and Transportation | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 27, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Natural Resources – State Boat Act – Alterations 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of altering the definition of “personal watercraft” and “personal flotation 3 | |
| 28 | 22 | device” for purposes of the State Boat Act; repealing the definition of “Class A vessel” 4 | |
| 29 | 23 | as it applies to the rental of livery vessels; repealing the definition of “personal 5 | |
| 30 | 24 | flotation device” as it applies to certain waterskiing restrictions; repealing certain 6 | |
| 31 | 25 | advertising and public hearing requirements for proposed regulations implementing 7 | |
| 32 | - | the State Boat Act; increasing the funding threshold certain | |
| 33 | - | ||
| 34 | - | ||
| 35 | - | ||
| 36 | - | ||
| 37 | - | ||
| 38 | - | ||
| 39 | - | ||
| 40 | - | ||
| 26 | + | the State Boat Act; increasing the funding threshold for certain projects financed by 8 | |
| 27 | + | the Waterway Improvement Fund; altering the fees for manufacturer and dealer 9 | |
| 28 | + | licenses, certificates of number, Maryland use stickers, and the issuance of 10 | |
| 29 | + | certificates of title, transfer of title, or duplicate or corrected certificates of title; 11 | |
| 30 | + | authorizing the owner of certain vessels to apply to the Department of Natural 12 | |
| 31 | + | Resources for a nonmotorized vessel decal; authorizing the Department to establish 13 | |
| 32 | + | or alter certain speed zones or restricted areas by public notice; altering the 14 | |
| 33 | + | requirements for a personal flotation device worn by a child in certain vessels; and 15 | |
| 34 | + | generally relating to the State Boat Act. 16 | |
| 41 | 35 | ||
| 42 | 36 | BY repealing and reenacting, without amendments, 17 | |
| 43 | 37 | Article – Natural Resources 18 | |
| 44 | 38 | Section 8–701(a) 19 | |
| 45 | 39 | Annotated Code of Maryland 20 | |
| 46 | 40 | (2023 Replacement Volume and 2024 Supplement) 21 | |
| 47 | 41 | ||
| 48 | - | BY repealing and reenacting, with amendments, 22 2 HOUSE BILL 719 | |
| 42 | + | BY repealing and reenacting, with amendments, 22 | |
| 43 | + | Article – Natural Resources 23 | |
| 44 | + | Section 8–701(m), 8–708(b), 8–710(a) and (c), 8–712(c), 8–712.1(a) and (b), 8–712.3(a) 24 | |
| 45 | + | and (b), 8–714(c), 8–716(b) and (c), 8–725(c), and 8–743(a) and (b)(1) 25 | |
| 46 | + | Annotated Code of Maryland 26 | |
| 47 | + | (2023 Replacement Volume and 2024 Supplement) 27 | |
| 48 | + | 2 HOUSE BILL 719 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Article – Natural Resources 1 | |
| 52 | - | Section 8–701(m), 8–708(b), 8–709(b), 8–710(a) and (c), 8–712(c), 8–712.1(a) and (b), 2 | |
| 53 | - | 8–712.3(a) and (b), 8–714(c), 8–716(b) and (c), 8–725(c), and 8–743(a) and 3 | |
| 54 | - | (b)(1) 4 | |
| 55 | - | Annotated Code of Maryland 5 | |
| 56 | - | (2023 Replacement Volume and 2024 Supplement) 6 | |
| 51 | + | BY repealing 1 | |
| 52 | + | Article – Natural Resources 2 | |
| 53 | + | Section 8–704(e) 3 | |
| 54 | + | Annotated Code of Maryland 4 | |
| 55 | + | (2023 Replacement Volume and 2024 Supplement) 5 | |
| 57 | 56 | ||
| 58 | - | BY | |
| 59 | - | Article – Natural Resources | |
| 60 | - | Section 8– | |
| 61 | - | Annotated Code of Maryland | |
| 62 | - | (2023 Replacement Volume and 2024 Supplement) | |
| 57 | + | BY adding to 6 | |
| 58 | + | Article – Natural Resources 7 | |
| 59 | + | Section 8–712.4 and 8–725.9 8 | |
| 60 | + | Annotated Code of Maryland 9 | |
| 61 | + | (2023 Replacement Volume and 2024 Supplement) 10 | |
| 63 | 62 | ||
| 64 | - | BY adding to 12 | |
| 65 | - | Article – Natural Resources 13 | |
| 66 | - | Section 8–712.4 and 8–725.9 14 | |
| 63 | + | BY renumbering 11 | |
| 64 | + | Article – Natural Resources 12 | |
| 65 | + | Section 8–704(f) through (i) 13 | |
| 66 | + | to be Section 8–704(e) through (h), respectively 14 | |
| 67 | 67 | Annotated Code of Maryland 15 | |
| 68 | 68 | (2023 Replacement Volume and 2024 Supplement) 16 | |
| 69 | 69 | ||
| 70 | - | BY renumbering 17 | |
| 71 | - | Article – Natural Resources 18 | |
| 72 | - | Section 8–704(f) through (i) 19 | |
| 73 | - | to be Section 8–704(e) through (h), respectively 20 | |
| 74 | - | Annotated Code of Maryland 21 | |
| 75 | - | (2023 Replacement Volume and 2024 Supplement) 22 | |
| 70 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 71 | + | That the Laws of Maryland read as follows: 18 | |
| 76 | 72 | ||
| 77 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 78 | - | That the Laws of Maryland read as follows: 24 | |
| 73 | + | Article – Natural Resources 19 | |
| 79 | 74 | ||
| 80 | - | ||
| 75 | + | 8–701. 20 | |
| 81 | 76 | ||
| 82 | - | ||
| 77 | + | (a) In this subtitle the following words have the meanings indicated. 21 | |
| 83 | 78 | ||
| 84 | - | ( | |
| 79 | + | (m) (1) “Personal watercraft” means a [Class A vessel that: 22 | |
| 85 | 80 | ||
| 86 | - | (m) (1) “Personal watercraft” means a [Class A vessel that: 28 | |
| 81 | + | (1) Has an inboard motor which uses an internal combustion engine 23 | |
| 82 | + | powering a water jet pump as its primary source of motive propulsion; 24 | |
| 87 | 83 | ||
| 88 | - | ( | |
| 89 | - | ||
| 84 | + | (2) Is designed for the operator and passenger to ride on the outside 25 | |
| 85 | + | surfaces of the vessel rather than inside the vessel; 26 | |
| 90 | 86 | ||
| 91 | - | ( | |
| 92 | - | ||
| 87 | + | (3) Has the probability that the operator and passenger may, in the normal 27 | |
| 88 | + | course of use, fall overboard; and 28 | |
| 93 | 89 | ||
| 94 | - | (3) Has the probability that the operator and passenger may, in the normal 33 | |
| 95 | - | course of use, fall overboard; and 34 | |
| 96 | - | HOUSE BILL 719 3 | |
| 90 | + | (4) Is designed with no open load–carrying area which would retain water] 29 | |
| 91 | + | VESSEL THAT IS: 30 | |
| 92 | + | ||
| 93 | + | (I) PROPELLED BY A WATER –JET PUMP OR OTHER MA CHINERY 31 | |
| 94 | + | AS ITS PRIMARY SOURC E OF MOTIVE POWER ; AND 32 | |
| 95 | + | ||
| 96 | + | (II) DESIGNED TO BE OPERAT ED BY A PERSON SITTI NG, 33 HOUSE BILL 719 3 | |
| 97 | 97 | ||
| 98 | 98 | ||
| 99 | - | (4) Is designed with no open load–carrying area which would retain water] 1 | |
| 100 | - | VESSEL THAT IS: 2 | |
| 99 | + | STANDING, OR KNEELING ON THE V ESSEL. 1 | |
| 101 | 100 | ||
| 102 | - | (I) PROPELLED BY A WATER –JET PUMP OR OTHER MA CHINERY 3 | |
| 103 | - | AS ITS PRIMARY SOURC E OF MOTIVE POWER ; AND 4 | |
| 101 | + | (2) “PERSONAL WATERCRAFT ” DOES NOT INCLUDE A V ESSEL THAT IS 2 | |
| 102 | + | DESIGNED TO BE OPERA TED BY A PERSON SITT ING, STANDING, OR KNEELING IN THE 3 | |
| 103 | + | VESSEL’S HULL. 4 | |
| 104 | 104 | ||
| 105 | - | (II) DESIGNED TO BE OPERAT ED BY A PERSON SITTI NG, 5 | |
| 106 | - | STANDING, OR KNEELING ON THE V ESSEL. 6 | |
| 105 | + | 8–704. 5 | |
| 107 | 106 | ||
| 108 | - | (2) “PERSONAL WATERCRAFT ” DOES NOT INCLUDE A V ESSEL THAT IS 7 | |
| 109 | - | DESIGNED TO BE OPERA TED BY A PERSON SITT ING, STANDING, OR KNEELING IN THE 8 | |
| 110 | - | VESSEL’S HULL. 9 | |
| 107 | + | [(e) Department regulations do not become effective unless advertised publicly in 6 | |
| 108 | + | at least 2 daily newspapers of general circulation and at least 1 weekly newspaper serving 7 | |
| 109 | + | the area or areas involved at least 45 days before the effective date. If 50 citizens of the 8 | |
| 110 | + | State file a petition with the Department at least 15 days prior to the effective date, the 9 | |
| 111 | + | Department shall conduct a public hearing on the proposed regulations.] 10 | |
| 111 | 112 | ||
| 112 | - | 8– | |
| 113 | + | 8–708. 11 | |
| 113 | 114 | ||
| 114 | - | [(e) Department regulations do not become effective unless advertised publicly in 11 | |
| 115 | - | at least 2 daily newspapers of general circulation and at least 1 weekly newspaper serving 12 | |
| 116 | - | the area or areas involved at least 45 days before the effective date. If 50 citizens of the 13 | |
| 117 | - | State file a petition with the Department at least 15 days prior to the effective date, the 14 | |
| 118 | - | Department shall conduct a public hearing on the proposed regulations.] 15 | |
| 115 | + | (b) (1) Except for the construction of pump–out stations for use by the general 12 | |
| 116 | + | boating public at public and private marinas, the governing body and the Waterway 13 | |
| 117 | + | Improvement Fund jointly shall finance projects to construct marine facilities beneficial to 14 | |
| 118 | + | the boating public. 15 | |
| 119 | 119 | ||
| 120 | - | 8–708. 16 | |
| 120 | + | (2) Except as provided in paragraph (3) of this subsection, the contribution 16 | |
| 121 | + | of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of 17 | |
| 122 | + | each project. 18 | |
| 121 | 123 | ||
| 122 | - | (b) (1) Except for the construction of pump–out stations for use by the general 17 | |
| 123 | - | boating public at public and private marinas, the governing body and the Waterway 18 | |
| 124 | - | Improvement Fund jointly shall finance projects to construct marine facilities beneficial to 19 | |
| 125 | - | the boating public. 20 | |
| 124 | + | (3) The Waterway Improvement Fund may finance completely: 19 | |
| 126 | 125 | ||
| 127 | - | ( | |
| 128 | - | ||
| 129 | - | ||
| 126 | + | (i) 1. [Any] SUBJECT TO ITEM 2 OF THIS ITEM , ANY 20 | |
| 127 | + | construction project beneficial to the boating public [which] THAT costs $250,000 or less, 21 | |
| 128 | + | regardless of its location; AND 22 | |
| 130 | 129 | ||
| 131 | - | (3) The Waterway Improvement Fund may finance completely: 24 | |
| 130 | + | 2. ANY MARINA CONSTRUCTION P ROJECT BENEFICIAL 23 | |
| 131 | + | TO THE GENERAL BOATI NG PUBLIC THAT COSTS $1,000,000 OR LESS, REGARDLESS 24 | |
| 132 | + | OF ITS LOCATION; 25 | |
| 132 | 133 | ||
| 133 | - | (i) 1. [Any] SUBJECT TO ITEM 2 OF THIS ITEM , ANY 25 | |
| 134 | - | construction project beneficial to the boating public [which] THAT costs $250,000 $500,000 26 | |
| 135 | - | or less, regardless of its location; AND 27 | |
| 134 | + | (ii) A project that involves the beneficial use of dredged material; 26 | |
| 135 | + | and 27 | |
| 136 | 136 | ||
| 137 | - | 2. ANY MARINA CONSTRUCTI ON PROJECT BENEFICIA L 28 | |
| 138 | - | TO THE GENERAL BOATI NG PUBLIC THAT COSTS $1,000,000 OR LESS, REGARDLESS 29 | |
| 139 | - | OF ITS LOCATION; 30 | |
| 137 | + | (iii) Any water quality monitoring by the Department. 28 | |
| 140 | 138 | ||
| 141 | - | (ii) A project that involves the beneficial use of dredged material; 31 | |
| 142 | - | and 32 | |
| 139 | + | 8–710. 29 | |
| 140 | + | ||
| 141 | + | (a) A manufacturer or dealer may not conduct [his] business in the State unless 30 | |
| 142 | + | licensed as a manufacturer or dealer [pursuant to] IN ACCORDANCE WITH regulations 31 | |
| 143 | + | ADOPTED BY the Department [adopts]. 32 | |
| 143 | 144 | 4 HOUSE BILL 719 | |
| 144 | 145 | ||
| 145 | 146 | ||
| 146 | - | (iii) Any water quality monitoring by the Department. 1 | |
| 147 | + | (c) (1) Application for a manufacturer’s or dealer’s license is made on the form 1 | |
| 148 | + | the Department prescribes and contains the name and address of the applicant. 2 | |
| 147 | 149 | ||
| 148 | - | ( | |
| 149 | - | ||
| 150 | + | (2) If the applicant is a partnership, the application shall include the name 3 | |
| 151 | + | and address of each partner. 4 | |
| 150 | 152 | ||
| 151 | - | (I) $500,000 FOR CONSTRUCTION PRO JECTS BENEFICIAL TO 4 | |
| 152 | - | THE BOATING PUBLIC ; AND 5 | |
| 153 | + | (3) If the applicant is a corporation, the application shall contain the names 5 | |
| 154 | + | of the principal officers of the corporation, the state of incorporation, the addresses of every 6 | |
| 155 | + | place where the business is conducted, the nature of the business, and any other 7 | |
| 156 | + | information the Department requires. 8 | |
| 153 | 157 | ||
| 154 | - | (II) $1,000,000 FOR MARINA CONSTRUCT ION PROJECTS 6 | |
| 155 | - | BENEFICIAL TO THE GE NERAL BOATING PUBLIC . 7 | |
| 158 | + | (4) Every application shall be verified by oath or affirmation of the 9 | |
| 159 | + | applicant if an individual, or by the partner or officer if the applicant is a partnership or 10 | |
| 160 | + | corporation. 11 | |
| 156 | 161 | ||
| 157 | - | 8–709. 8 | |
| 162 | + | (5) (I) A license fee [fixed by the Department not to exceed $25] shall 12 | |
| 163 | + | accompany every application. 13 | |
| 158 | 164 | ||
| 159 | - | (b) Notwithstanding the provisions of subsection (a) of this section, in any fiscal 9 | |
| 160 | - | year the Department may expend from the Waterway Improvement Fund without 10 | |
| 161 | - | legislative approval a total sum of not more than [$225,000. Of this amount, a sum of not 11 | |
| 162 | - | more than $125,000 may be expended for small projects under § 8–707(a)(3) and (4) of this 12 | |
| 163 | - | subtitle] $350,000 IN OPERATING FUNDS F OR SMALL PROJECTS , subject to the 13 | |
| 164 | - | limitation that a single project of this kind may not exceed [$5,000] $25,000 in cost to the 14 | |
| 165 | - | Waterway Improvement Fund, and a sum of not more than $100,000 may be expended for 15 | |
| 166 | - | boating safety and education. 16 | |
| 165 | + | (II) THE DEPARTMENT SHALL SET THE LICENSE FEE AT A N 14 | |
| 166 | + | AMOUNT NOT TO EXCEED $50. 15 | |
| 167 | 167 | ||
| 168 | - | 8– | |
| 168 | + | 8–712. 16 | |
| 169 | 169 | ||
| 170 | - | (a) A manufacturer or dealer may not conduct [his] business in the State unless 18 | |
| 171 | - | licensed as a manufacturer or dealer [pursuant to] IN ACCORDANCE WITH regulations 19 | |
| 172 | - | ADOPTED BY the Department [adopts]. 20 | |
| 170 | + | (c) (1) (I) Certificates of number issued under this section shall be valid for 17 | |
| 171 | + | a period not to exceed 2 years. 18 | |
| 173 | 172 | ||
| 174 | - | ( | |
| 175 | - | ||
| 173 | + | (II) The owner of the vessel may apply every other year for renewal 19 | |
| 174 | + | of the certificate. 20 | |
| 176 | 175 | ||
| 177 | - | (2) If the applicant is a partnership, the application shall include the name 23 | |
| 178 | - | and address of each partner. 24 | |
| 176 | + | (III) The renewed certificate shall expire on December 31 of the 21 | |
| 177 | + | calendar year following the year the certificate is issued. [The fee for a 2–year certificate 22 | |
| 178 | + | for vessels is $24. Vessels 16 feet in length or less and equipped with a 7 1/2 horsepower 23 | |
| 179 | + | motor or less are exempt from this fee. The fee to replace a lost, destroyed, or corrected 24 | |
| 180 | + | certificate is $2.] 25 | |
| 179 | 181 | ||
| 180 | - | (3) If the applicant is a corporation, the application shall contain the names 25 | |
| 181 | - | of the principal officers of the corporation, the state of incorporation, the addresses of every 26 | |
| 182 | - | place where the business is conducted, the nature of the business, and any other 27 | |
| 183 | - | information the Department requires. 28 | |
| 182 | + | (IV) The Department shall record any transaction or transfer of 26 | |
| 183 | + | numbered boats. 27 | |
| 184 | 184 | ||
| 185 | - | (4) Every application shall be verified by oath or affirmation of the 29 | |
| 186 | - | applicant if an individual, or by the partner or officer if the applicant is a partnership or 30 | |
| 187 | - | corporation. 31 | |
| 185 | + | (V) The Department may record any amount of money owing on a 28 | |
| 186 | + | vessel required to be numbered at the time of sale. 29 | |
| 188 | 187 | ||
| 189 | - | (5) (I) A license fee [fixed by the Department not to exceed $25] shall 32 | |
| 190 | - | accompany every application. 33 | |
| 191 | - | HOUSE BILL 719 5 | |
| 188 | + | (VI) The Department may not effect a transfer of ownership until the 30 | |
| 189 | + | amount of money owed as shown on the records of the Department is fully paid or recorded 31 | |
| 190 | + | on the new title. 32 | |
| 191 | + | ||
| 192 | + | (VII) Any vessel that is required to be numbered under this section 33 HOUSE BILL 719 5 | |
| 192 | 193 | ||
| 193 | 194 | ||
| 194 | - | ||
| 195 | - | ||
| 195 | + | that is exempt [prior to] BEFORE January 1, 1974, shall be exempt from payment of [this 1 | |
| 196 | + | title] THE EXCISE tax IMPOSED UNDER § 8–716 OF THIS SUBTITLE . 2 | |
| 196 | 197 | ||
| 197 | - | 8–712. 3 | |
| 198 | + | (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 3 | |
| 199 | + | THE FEE FOR: 4 | |
| 198 | 200 | ||
| 199 | - | ||
| 200 | - | ||
| 201 | + | (I) AN APPLICATION FOR A CERTIFICATE OF NUMBE R IS $70; 5 | |
| 202 | + | AND 6 | |
| 201 | 203 | ||
| 202 | - | (II) | |
| 203 | - | ||
| 204 | + | (II) A REPLACEMENT OR CORRE CTED CERTIFICATE OF NUMBER 7 | |
| 205 | + | IS $20. 8 | |
| 204 | 206 | ||
| 205 | - | (III) The renewed certificate shall expire on December 31 of the 8 | |
| 206 | - | calendar year following the year the certificate is issued. [The fee for a 2–year certificate 9 | |
| 207 | - | for vessels is $24. Vessels 16 feet in length or less and equipped with a 7 1/2 horsepower 10 | |
| 208 | - | motor or less are exempt from this fee. The fee to replace a lost, destroyed, or corrected 11 | |
| 209 | - | certificate is $2.] 12 | |
| 207 | + | (3) Emergency rescue boats and fire boats that belong to fire departments 9 | |
| 208 | + | or rescue squads in Maryland: 10 | |
| 210 | 209 | ||
| 211 | - | ( | |
| 212 | - | ||
| 210 | + | (i) Shall be exempt from all registration fees, INCLUDING A FEE 11 | |
| 211 | + | FOR A CERTIFICATE OF NUMBER; but 12 | |
| 213 | 212 | ||
| 214 | - | (V) The Department may record any amount of money owing on a 15 | |
| 215 | - | vessel required to be numbered at the time of sale. 16 | |
| 213 | + | (ii) Shall apply for a registration renewal every 3 years. 13 | |
| 216 | 214 | ||
| 217 | - | (VI) The Department may not effect a transfer of ownership until the 17 | |
| 218 | - | amount of money owed as shown on the records of the Department is fully paid or recorded 18 | |
| 219 | - | on the new title. 19 | |
| 215 | + | 8–712.1. 14 | |
| 220 | 216 | ||
| 221 | - | ( | |
| 222 | - | that is | |
| 223 | - | ||
| 217 | + | (a) (1) An owner of a vessel that has a valid document issued by the [United 15 | |
| 218 | + | States] U.S. Coast Guard and that is used principally on the waters of the State for 16 | |
| 219 | + | pleasure shall apply to the Department for a Maryland use sticker. 17 | |
| 224 | 220 | ||
| 225 | - | (2) | |
| 226 | - | ||
| 221 | + | (2) The Department shall issue a Maryland use sticker to any person who 18 | |
| 222 | + | submits an application and pays a fee as required by subsection (b) of this section. 19 | |
| 227 | 223 | ||
| 228 | - | (I) AN APPLICATION FOR A CERTIFICATE OF NUMBE R IS $70; 25 | |
| 229 | - | AND 26 | |
| 224 | + | (3) The Maryland use sticker issued under this section shall be valid for a 20 | |
| 225 | + | period not to exceed 2 years expiring on December 31 of the calendar year following the 21 | |
| 226 | + | year the sticker is issued. 22 | |
| 230 | 227 | ||
| 231 | - | (II) A REPLACEMENT OR CORRE CTED CERTIFICATE OF NUMBER 27 | |
| 232 | - | IS $20. 28 | |
| 228 | + | (b) The owner of the vessel shall: 23 | |
| 233 | 229 | ||
| 234 | - | ( | |
| 235 | - | ||
| 230 | + | (1) Submit an application to the Department on the form tha t the 24 | |
| 231 | + | Department requires and that is signed by every owner of the vessel; and 25 | |
| 236 | 232 | ||
| 237 | - | (i) Shall be exempt from all registration fees, INCLUDING A FEE 31 | |
| 238 | - | FOR A CERTIFICATE OF NUMBER ; but 32 6 HOUSE BILL 719 | |
| 233 | + | (2) Pay to the Department [an] THE FOLLOWING FEES : 26 | |
| 239 | 234 | ||
| 235 | + | (I) AN application fee of [$10] $70 for the 2–year sticker; AND 27 | |
| 240 | 236 | ||
| 237 | + | (II) A FEE OF $20 FOR A REPLACEMENT ST ICKER. 28 | |
| 241 | 238 | ||
| 242 | - | (ii) Shall apply for a registration renewal every 3 2 years. 1 | |
| 243 | - | ||
| 244 | - | 8–712.1. 2 | |
| 245 | - | ||
| 246 | - | (a) (1) An owner of a vessel that has a valid document issued by the [United 3 | |
| 247 | - | States] U.S. Coast Guard and that is used principally on the waters of the State for 4 | |
| 248 | - | pleasure shall apply to the Department for a Maryland use sticker. 5 | |
| 249 | - | ||
| 250 | - | (2) The Department shall issue a Maryland use sticker to any person who 6 | |
| 251 | - | submits an application and pays a fee as required by subsection (b) of this section. 7 | |
| 252 | - | ||
| 253 | - | (3) The Maryland use sticker issued under this section shall be valid for a 8 | |
| 254 | - | period not to exceed 2 years expiring on December 31 of the calendar year following the 9 | |
| 255 | - | year the sticker is issued. 10 | |
| 256 | - | ||
| 257 | - | (b) The owner of the vessel shall: 11 | |
| 258 | - | ||
| 259 | - | (1) Submit an application to the Department on the form that the 12 | |
| 260 | - | Department requires and that is signed by every owner of the vessel; and 13 | |
| 261 | - | ||
| 262 | - | (2) Pay to the Department [an] THE FOLLOWING FEES : 14 | |
| 263 | - | ||
| 264 | - | (I) AN application fee of [$10] $70 for the 2–year sticker; AND 15 | |
| 265 | - | ||
| 266 | - | (II) A FEE OF $20 FOR A REPLACEMENT ST ICKER. 16 | |
| 267 | - | ||
| 268 | - | 8–712.3. 17 | |
| 269 | - | ||
| 270 | - | (a) (1) In this section the following words have the meanings indicated. 18 | |
| 271 | - | ||
| 272 | - | (2) “Livery vessel owner” means a person who engages in whole or in part 19 | |
| 273 | - | in the business of renting, leasing, or chartering a [Class A] vessel THAT IS LESS THAN 16 20 | |
| 274 | - | FEET IN LENGTH for a period of less than 24 hours. 21 | |
| 275 | - | ||
| 276 | - | (3) [“Class A vessel” means a motorboat that is less than 16 feet in length 22 | |
| 277 | - | as defined by the U.S. Coast Guard in 46 C.F.R. § 24.10–17. 23 | |
| 278 | - | ||
| 279 | - | (4)] “Seaworthy condition” means the ability to withstand ordinary stress of 24 | |
| 280 | - | wind, waves, and other weather that the vessel might normally be expected to encounter. 25 | |
| 281 | - | ||
| 282 | - | (b) A livery vessel owner or an agent or employee of the livery vessel owner may 26 | |
| 283 | - | not rent or offer for rent a [Class A] vessel THAT IS LESS THAN 16 FEET IN LENGTH to 27 | |
| 284 | - | be operated on the waters of the State unless: 28 | |
| 285 | - | HOUSE BILL 719 7 | |
| 286 | - | ||
| 287 | - | ||
| 288 | - | (1) Each vessel is in seaworthy condition and equipped for the waters 1 | |
| 289 | - | where the vessel is intended to be used; and 2 | |
| 290 | - | ||
| 291 | - | (2) The livery vessel owner or agent or employee of the livery vessel owner 3 | |
| 292 | - | possesses a boating safety certificate approved by the Department. 4 | |
| 293 | - | ||
| 294 | - | 8–712.4. 5 | |
| 295 | - | ||
| 296 | - | (A) (1) AN OWNER OF A VESSEL MAY APPLY TO THE DEPARTMENT FOR A 6 | |
| 297 | - | NONMOTORIZED VESSEL DECAL IF THE VESSE L IS: 7 | |
| 298 | - | ||
| 299 | - | (I) NOT EQUIPPED WITH PRO PULSION MACHINERY ; 8 | |
| 300 | - | ||
| 301 | - | (II) USED PRINCIPALLY ON T HE WATERS OF THE STATE; AND 9 | |
| 302 | - | ||
| 303 | - | (III) NOT SUBJECT TO THE RE QUIREMENTS OF § 8–712 OR § 10 | |
| 304 | - | 8–712.1 OF THIS SUBTITLE . 11 | |
| 305 | - | ||
| 306 | - | (2) THE OWNER SHALL APPLY FOR A NONMOTORIZED VESSEL DECAL 12 | |
| 307 | - | ON A FORM APPROVED B Y THE DEPARTMENT . 13 | |
| 308 | - | ||
| 309 | - | (B) A NONMOTORIZED VESSEL DECAL: 14 | |
| 310 | - | ||
| 311 | - | (1) IS VALID FOR A PERIOD NOT TO EXCEED 2 YEARS; AND 15 | |
| 312 | - | ||
| 313 | - | (2) EXPIRES ON DECEMBER 31 OF THE CALENDAR YEAR FOLLOWING 16 | |
| 314 | - | THE YEAR THE DECAL W AS ISSUED. 17 | |
| 315 | - | ||
| 316 | - | (C) THE FEE FOR A NONMOTORIZED VESSEL D ECAL IS $12. 18 | |
| 317 | - | ||
| 318 | - | (D) THE NONMOTORIZED VESS EL DECAL SHALL BE DI SPLAYED ON THE 19 | |
| 319 | - | EXTERIOR OF THE VESS EL. 20 | |
| 320 | - | ||
| 321 | - | (E) WITHIN 30 DAYS AFTER THE SALE OR OTHER TRANSFER OF A VESSEL 21 | |
| 322 | - | DISPLAYING A NONMOTO RIZED VESSEL DECAL U NDER THIS SECTION : 22 | |
| 323 | - | ||
| 324 | - | (1) THE TRANSFEROR SHALL GIVE NOTICE OF THE TRANSF ER TO THE 23 | |
| 325 | - | DEPARTMENT ON A FORM THAT THE DEPARTMENT REQUIRES ; AND 24 | |
| 326 | - | ||
| 327 | - | (2) IF THE TRANSFEREE INT ENDS TO CONTINUE TO USE THE VESSEL 25 | |
| 328 | - | PRINCIPALLY ON THE W ATERS OF THE STATE, THE TRANSFEREE MAY S UBMIT AN 26 | |
| 329 | - | APPLICATION FOR A NONMOTORIZED VESSEL DECAL AND PAY THE FE E REQUIRED 27 | |
| 330 | - | UNDER SUBSECTION (C) OF THIS SECTION. 28 | |
| 331 | - | ||
| 332 | - | 8–714. 29 8 HOUSE BILL 719 | |
| 333 | - | ||
| 334 | - | ||
| 335 | - | ||
| 336 | - | (c) (1) Each application for the manufacturer’s or dealer’s certificates of 1 | |
| 337 | - | number shall be on forms the Department approves and be accompanied by a fee of [$24] 2 | |
| 338 | - | $70. 3 | |
| 339 | - | ||
| 340 | - | (2) The certificate of number issued under this section is valid for a period 4 | |
| 341 | - | not to exceed 2 years and shall expire on December 31 of the calendar year following the 5 | |
| 342 | - | year the certificate is issued. 6 | |
| 343 | - | ||
| 344 | - | 8–716. 7 | |
| 345 | - | ||
| 346 | - | (b) The Department shall charge a [$2] $20 fee to issue a certificate of title, a 8 | |
| 347 | - | transfer of title, or a duplicate or corrected certificate of title. 9 | |
| 348 | - | ||
| 349 | - | (c) (1) Subject to the limitation under paragraph (3) of this subsection and 10 | |
| 350 | - | except as provided in § 8–715(d) of this subtitle and in subsections (e) and (f) of this section, 11 | |
| 351 | - | and in addition to the fees prescribed in subsection (b) of this section, an excise tax is levied 12 | |
| 352 | - | at the rate of 5% of the fair market value of the vessel on: 13 | |
| 353 | - | ||
| 354 | - | (i) The issuance of every original certificate of title required for a 14 | |
| 355 | - | vessel under this subtitle; 15 | |
| 356 | - | ||
| 357 | - | (ii) The issuance of every subsequent certificate of title for the sale, 16 | |
| 358 | - | resale, or transfer of the vessel; 17 | |
| 359 | - | ||
| 360 | - | (iii) The sale within the State of every other vessel; and 18 | |
| 361 | - | ||
| 362 | - | (iv) The possession within the State of a vessel used or to be used 19 | |
| 363 | - | principally in the State. 20 | |
| 364 | - | ||
| 365 | - | (2) (I) Notwithstanding the provisions of this subsection, no tax is paid 21 | |
| 366 | - | on issuance of any certificate of title if the owner of the vessel for which a certificate of title 22 | |
| 367 | - | is sought was the owner of the vessel [prior to] BEFORE June 1, 1965, or paid Maryland 23 | |
| 368 | - | sales and use tax on the vessel as required by law at the time of acquisition. 24 | |
| 369 | - | ||
| 370 | - | (II) The Department may require the applicant for titling to submit 25 | |
| 371 | - | satisfactory proof that the applicant owned the vessel [prior to] BEFORE June 1, 1965. 26 | |
| 372 | - | ||
| 373 | - | (3) (i) Subject to subparagraph (ii) of this paragraph, the excise tax 27 | |
| 374 | - | imposed under this subsection may not exceed $15,000 for any vessel. 28 | |
| 375 | - | ||
| 376 | - | (ii) The maximum amount of the excise tax imposed for any vessel 29 | |
| 377 | - | as specified in subparagraph (i) of this paragraph shall be increased by $100 on: 30 | |
| 378 | - | ||
| 379 | - | 1. July 1, 2016; and 31 | |
| 380 | - | HOUSE BILL 719 9 | |
| 381 | - | ||
| 382 | - | ||
| 383 | - | 2. July 1 of each subsequent year. 1 | |
| 384 | - | ||
| 385 | - | 8–725. 2 | |
| 386 | - | ||
| 387 | - | (c) [(1) In this subsection, “personal flotation device” includes: 3 | |
| 388 | - | ||
| 389 | - | (i) A life jacket; 4 | |
| 390 | - | ||
| 391 | - | (ii) A life vest; 5 | |
| 392 | - | ||
| 393 | - | (iii) A life preserver; 6 | |
| 394 | - | ||
| 395 | - | (iv) A barefoot wet suit; or 7 | |
| 396 | - | ||
| 397 | - | (v) A trick skiing wet suit. 8 | |
| 398 | - | ||
| 399 | - | (2)] A person who is in or over the waters of the State and is being towed 9 | |
| 400 | - | behind a vessel must wear a personal flotation device, A BAREFOOT WET SUIT , OR A 10 | |
| 401 | - | TRICK SKIING WET SUI T. 11 | |
| 402 | - | ||
| 403 | - | 8–725.9. 12 | |
| 404 | - | ||
| 405 | - | (A) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, THE 13 | |
| 406 | - | DEPARTMENT MAY ESTABL ISH OR ALTER BY PUBL IC NOTICE: 14 | |
| 407 | - | ||
| 408 | - | (1) IF THE DEPARTMENT DETERMINES PUBLIC SAFETY IS AT RISK 15 | |
| 409 | - | AND IT IS CONTRARY T O THE PUBLIC INTERES T TO DELAY ACTION , A SPEED ZONE 16 | |
| 410 | - | NEAR: 17 | |
| 411 | - | ||
| 412 | - | (I) A CONSTRUCTION PROJECT ON OR ADJACENT TO STATE 18 | |
| 413 | - | WATERS; 19 | |
| 414 | - | ||
| 415 | - | (II) A MARINE EVENT ; OR 20 | |
| 416 | - | ||
| 417 | - | (III) AN ACCIDENT OR OTHER EMERGENT SITUATION ; OR 21 | |
| 418 | - | ||
| 419 | - | (2) AN AREA WHERE VESSEL MOVEMENT IS CONTROLL ED, LIMITED, 22 | |
| 420 | - | OR RESTRICTED AS DES IGNATED BY THE U.S. COAST GUARD OR ANOTHER FEDE RAL 23 | |
| 421 | - | AGENCY. 24 | |
| 422 | - | ||
| 423 | - | (B) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS 25 | |
| 424 | - | SECTION. 26 | |
| 425 | - | ||
| 426 | - | 8–743. 27 | |
| 427 | - | 10 HOUSE BILL 719 | |
| 239 | + | 8–712.3. 29 | |
| 240 | + | 6 HOUSE BILL 719 | |
| 428 | 241 | ||
| 429 | 242 | ||
| 430 | 243 | (a) (1) In this section the following words have the meanings indicated. 1 | |
| 431 | 244 | ||
| 432 | - | (2) “Child” means an individual who is under the age of 13 years. 2 | |
| 245 | + | (2) “Livery vessel owner” means a person who engages in whole or in part 2 | |
| 246 | + | in the business of renting, leasing, or chartering a [Class A] vessel THAT IS LESS THAN 16 3 | |
| 247 | + | FEET IN LENGTH for a period of less than 24 hours. 4 | |
| 433 | 248 | ||
| 434 | - | (3) “ | |
| 435 | - | Guard | |
| 249 | + | (3) [“Class A vessel” means a motorboat that is less than 16 feet in length 5 | |
| 250 | + | as defined by the U.S. Coast Guard in 46 C.F.R. § 24.10–17. 6 | |
| 436 | 251 | ||
| 437 | - | (i) The proper size for the child; and 5 | |
| 252 | + | (4)] “Seaworthy condition” means the ability to withstand ordinary stress of 7 | |
| 253 | + | wind, waves, and other weather that the vessel might normally be expected to encounter. 8 | |
| 438 | 254 | ||
| 439 | - | (ii) In good and serviceable condition] FLOTATION DEVICE THA T IS 6 | |
| 440 | - | APPROVED BY THE U.S. COAST GUARD. 7 | |
| 255 | + | (b) A livery vessel owner or an agent or employee of the livery vessel owner may 9 | |
| 256 | + | not rent or offer for rent a [Class A] vessel THAT IS LESS THAN 16 FEET IN LENGTH to 10 | |
| 257 | + | be operated on the waters of the State unless: 11 | |
| 441 | 258 | ||
| 442 | - | (4) (i) “Vessel” means: 8 | |
| 259 | + | (1) Each vessel is in seaworthy condition and equipped for the waters 12 | |
| 260 | + | where the vessel is intended to be used; and 13 | |
| 443 | 261 | ||
| 444 | - | 1. A vessel used for recreational purposes; or 9 | |
| 262 | + | (2) The livery vessel owner or agent or employee of the livery vessel owner 14 | |
| 263 | + | possesses a boating safety certificate approved by the Department. 15 | |
| 445 | 264 | ||
| 446 | - | 2. A vessel leased, rented, or chartered for noncommercial 10 | |
| 447 | - | use. 11 | |
| 265 | + | 8–712.4. 16 | |
| 448 | 266 | ||
| 449 | - | (ii) “Vessel” does not include a vessel carrying passengers for hire 12 | |
| 450 | - | under the command of an individual licensed by the U.S. Coast Guard to carry passengers 13 | |
| 451 | - | for hire, or a vessel displaying a valid seafood harvester’s license number while engaged in 14 | |
| 452 | - | the harvesting of seafood for sale. 15 | |
| 267 | + | (A) (1) AN OWNER OF A VESSEL MAY APPLY TO THE DEPARTMENT FOR A 17 | |
| 268 | + | NONMOTORIZED VESSEL DECAL IF THE VESSEL IS: 18 | |
| 453 | 269 | ||
| 454 | - | (b) (1) A person may not operate or [permit] ALLOW the operation of a vessel 16 | |
| 455 | - | under 21 feet in length [while] IF there is [present in the vessel] a child [not] PRESENT IN 17 | |
| 456 | - | THE VESSEL UNLESS TH E CHILD IS wearing a personal flotation device [which] THAT is 18 | |
| 457 | - | [securely]: 19 | |
| 270 | + | (I) NOT EQUIPPED WITH PRO PULSION MACHINERY ; 19 | |
| 458 | 271 | ||
| 459 | - | ( | |
| 272 | + | (II) USED PRINCIPALLY ON THE WATERS O F THE STATE; AND 20 | |
| 460 | 273 | ||
| 461 | - | (II) IN GOOD AND SERVICEAB LE CONDITION; AND 21 | |
| 274 | + | (III) NOT SUBJECT TO THE RE QUIREMENTS OF § 8–712 OR § 21 | |
| 275 | + | 8–712.1 OF THIS SUBTITLE . 22 | |
| 462 | 276 | ||
| 463 | - | (III) SECURELY and properly attached to the child. 22 | |
| 277 | + | (2) THE OWNER SHALL APPLY FOR A NONMOTORIZED V ESSEL DECAL 23 | |
| 278 | + | ON A FORM APPROVED B Y THE DEPARTMENT . 24 | |
| 464 | 279 | ||
| 465 | - | SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 8 –704(f) through 23 | |
| 466 | - | (i) of Article – Natural Resources of the Annotated Code of Maryland be renumbered to be 24 | |
| 467 | - | Section(s) 8–704(e) through (h), respectively. 25 | |
| 280 | + | (B) A NONMOTORIZED VESSEL DECAL: 25 | |
| 468 | 281 | ||
| 469 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
| 470 | - | October 1, 2025. 27 | |
| 282 | + | (1) IS VALID FOR A PERIOD NOT TO EXCEED 2 YEARS; AND 26 | |
| 471 | 283 | ||
| 284 | + | (2) EXPIRES ON DECEMBER 31 OF THE CALENDAR YEAR FOLLOWING 27 | |
| 285 | + | THE YEAR THE DECAL W AS ISSUED. 28 | |
| 286 | + | ||
| 287 | + | (C) THE FEE FOR A NONMOTO RIZED VESSEL DECAL I S $12. 29 HOUSE BILL 719 7 | |
| 288 | + | ||
| 289 | + | ||
| 290 | + | ||
| 291 | + | (D) THE NONMOTORIZED VESSEL DECAL SHALL B E DISPLAYED ON THE 1 | |
| 292 | + | EXTERIOR OF THE VESS EL. 2 | |
| 293 | + | ||
| 294 | + | (E) WITHIN 30 DAYS AFTER THE SALE OR OTHER TRANSFER OF A VESSEL 3 | |
| 295 | + | DISPLAYING A NONMOTO RIZED VESSEL DECAL U NDER THIS SECTION : 4 | |
| 296 | + | ||
| 297 | + | (1) THE TRANSFEROR SHALL GIVE NOTICE OF THE T RANSFER TO THE 5 | |
| 298 | + | DEPARTMENT ON A FORM TH AT THE DEPARTMENT REQUIRES ; AND 6 | |
| 299 | + | ||
| 300 | + | (2) IF THE TRANSFEREE INT ENDS TO CONTINUE TO USE THE VESSEL 7 | |
| 301 | + | PRINCIPALLY ON THE W ATERS OF THE STATE, THE TRANSFEREE MAY S UBMIT AN 8 | |
| 302 | + | APPLICATION FOR A NO NMOTORIZED VESSEL DE CAL AND PAY THE FEE REQUIRED 9 | |
| 303 | + | UNDER SUBSECTION (C) OF THIS SECTION. 10 | |
| 304 | + | ||
| 305 | + | 8–714. 11 | |
| 306 | + | ||
| 307 | + | (c) (1) Each application for the manufacturer’s or dealer’s certificates of 12 | |
| 308 | + | number shall be on forms the Department approves and be accompanied by a fee of [$24] 13 | |
| 309 | + | $70. 14 | |
| 310 | + | ||
| 311 | + | (2) The certificate of number issued under this section is valid for a period 15 | |
| 312 | + | not to exceed 2 years and shall expire on December 31 of the calendar year following the 16 | |
| 313 | + | year the certificate is issued. 17 | |
| 314 | + | ||
| 315 | + | 8–716. 18 | |
| 316 | + | ||
| 317 | + | (b) The Department shall charge a [$2] $20 fee to issue a certificate of title, a 19 | |
| 318 | + | transfer of title, or a duplicate or corrected certificate of title. 20 | |
| 319 | + | ||
| 320 | + | (c) (1) Subject to the limitation under paragraph (3) of this subsection and 21 | |
| 321 | + | except as provided in § 8–715(d) of this subtitle and in subsections (e) and (f) of this section, 22 | |
| 322 | + | and in addition to the fees prescribed in subsection (b) of this section, an excise tax is levied 23 | |
| 323 | + | at the rate of 5% of the fair market value of the vessel on: 24 | |
| 324 | + | ||
| 325 | + | (i) The issuance of every original certificate of title required for a 25 | |
| 326 | + | vessel under this subtitle; 26 | |
| 327 | + | ||
| 328 | + | (ii) The issuance of every subsequent certificate of title for the sale, 27 | |
| 329 | + | resale, or transfer of the vessel; 28 | |
| 330 | + | ||
| 331 | + | (iii) The sale within the State of every other vessel; and 29 | |
| 332 | + | ||
| 333 | + | (iv) The possession within the State of a vessel used or to be used 30 | |
| 334 | + | principally in the State. 31 8 HOUSE BILL 719 | |
| 335 | + | ||
| 336 | + | ||
| 337 | + | ||
| 338 | + | (2) (I) Notwithstanding the provisions of this subsection, no tax is paid 1 | |
| 339 | + | on issuance of any certificate of title if the owner of the vessel for which a certificate of title 2 | |
| 340 | + | is sought was the owner of the vessel [prior to] BEFORE June 1, 1965, or paid Maryland 3 | |
| 341 | + | sales and use tax on the vessel as required by law at the time of acquisition. 4 | |
| 342 | + | ||
| 343 | + | (II) The Department may require the applicant for titling to submit 5 | |
| 344 | + | satisfactory proof that the applicant owned the vessel [prior to] BEFORE June 1, 1965. 6 | |
| 345 | + | ||
| 346 | + | (3) (i) Subject to subparagraph (ii) of this paragraph, the excise tax 7 | |
| 347 | + | imposed under this subsection may not exceed $15,000 for any vessel. 8 | |
| 348 | + | ||
| 349 | + | (ii) The maximum amount of the excise tax imposed for any vessel 9 | |
| 350 | + | as specified in subparagraph (i) of this paragraph shall be increased by $100 on: 10 | |
| 351 | + | ||
| 352 | + | 1. July 1, 2016; and 11 | |
| 353 | + | ||
| 354 | + | 2. July 1 of each subsequent year. 12 | |
| 355 | + | ||
| 356 | + | 8–725. 13 | |
| 357 | + | ||
| 358 | + | (c) [(1) In this subsection, “personal flotation device” includes: 14 | |
| 359 | + | ||
| 360 | + | (i) A life jacket; 15 | |
| 361 | + | ||
| 362 | + | (ii) A life vest; 16 | |
| 363 | + | ||
| 364 | + | (iii) A life preserver; 17 | |
| 365 | + | ||
| 366 | + | (iv) A barefoot wet suit; or 18 | |
| 367 | + | ||
| 368 | + | (v) A trick skiing wet suit. 19 | |
| 369 | + | ||
| 370 | + | (2)] A person who is in or over the waters of the State and is being towed 20 | |
| 371 | + | behind a vessel must wear a personal flotation device, A BAREFOOT WET SUIT , OR A 21 | |
| 372 | + | TRICK SKIING WET SUI T. 22 | |
| 373 | + | ||
| 374 | + | 8–725.9. 23 | |
| 375 | + | ||
| 376 | + | (A) NOTWITHSTANDING ANY O THER PROVISION OF THIS TITLE , THE 24 | |
| 377 | + | DEPARTMENT MAY ESTABL ISH OR ALTER BY PUBL IC NOTICE: 25 | |
| 378 | + | ||
| 379 | + | (1) IF THE DEPARTMENT DETERMINES PUBLIC SAFETY IS AT RISK 26 | |
| 380 | + | AND IT IS CONTRARY T O THE PUBLIC INTERES T TO DELAY ACTION , A SPEED ZONE 27 | |
| 381 | + | NEAR: 28 | |
| 382 | + | HOUSE BILL 719 9 | |
| 383 | + | ||
| 384 | + | ||
| 385 | + | (I) A CONSTRUCTION PROJECT ON OR ADJACENT TO STATE 1 | |
| 386 | + | WATERS; 2 | |
| 387 | + | ||
| 388 | + | (II) A MARINE EVENT ; OR 3 | |
| 389 | + | ||
| 390 | + | (III) AN ACCIDENT OR OTHER EMERGENT SITUATION ; OR 4 | |
| 391 | + | ||
| 392 | + | (2) AN AREA WHERE VESSEL MOVEMEN T IS CONTROLLED , LIMITED, 5 | |
| 393 | + | OR RESTRICTED AS DES IGNATED BY THE U.S. COAST GUARD OR ANOTHER FEDERAL 6 | |
| 394 | + | AGENCY. 7 | |
| 395 | + | ||
| 396 | + | (B) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS 8 | |
| 397 | + | SECTION. 9 | |
| 398 | + | ||
| 399 | + | 8–743. 10 | |
| 400 | + | ||
| 401 | + | (a) (1) In this section the following words have the meanings indicated. 11 | |
| 402 | + | ||
| 403 | + | (2) “Child” means an individual who is under the age of 13 years. 12 | |
| 404 | + | ||
| 405 | + | (3) “Personal flotation device” means a [Type I, II, III, or V U.S. Coast 13 | |
| 406 | + | Guard approved personal flotation device that is: 14 | |
| 407 | + | ||
| 408 | + | (i) The proper size for the child; and 15 | |
| 409 | + | ||
| 410 | + | (ii) In good and serviceable condition] FLOTATION DEVICE THA T IS 16 | |
| 411 | + | APPROVED BY THE U.S. COAST GUARD. 17 | |
| 412 | + | ||
| 413 | + | (4) (i) “Vessel” means: 18 | |
| 414 | + | ||
| 415 | + | 1. A vessel used for recreational purposes; or 19 | |
| 416 | + | ||
| 417 | + | 2. A vessel leased, rented, or chartered for noncommercial 20 | |
| 418 | + | use. 21 | |
| 419 | + | ||
| 420 | + | (ii) “Vessel” does not include a vessel carrying passengers for hire 22 | |
| 421 | + | under the command of an individual licensed by the U.S. Coast Guard to carry passengers 23 | |
| 422 | + | for hire, or a vessel displaying a valid seafood harvester’s license number while engaged in 24 | |
| 423 | + | the harvesting of seafood for sale. 25 | |
| 424 | + | ||
| 425 | + | (b) (1) A person may not operate or [permit] ALLOW the operation of a vessel 26 | |
| 426 | + | under 21 feet in length [while] IF there is [present in the vessel] a child [not] PRESENT IN 27 | |
| 427 | + | THE VESSEL UNLESS TH E CHILD IS wearing a personal flotation device [which] THAT is 28 | |
| 428 | + | [securely]: 29 | |
| 429 | + | 10 HOUSE BILL 719 | |
| 430 | + | ||
| 431 | + | ||
| 432 | + | (I) PROPERLY SIZED FOR TH E CHILD; 1 | |
| 433 | + | ||
| 434 | + | (II) IN GOOD AND SERVICEAB LE CONDITION; AND 2 | |
| 435 | + | ||
| 436 | + | (III) SECURELY and properly attached to the child. 3 | |
| 437 | + | ||
| 438 | + | SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 8 –704(f) through 4 | |
| 439 | + | (i) of Article – Natural Resources of the Annotated Code of Maryland be renumbered to be 5 | |
| 440 | + | Section(s) 8–704(e) through (h), respectively. 6 | |
| 441 | + | ||
| 442 | + | SECTION 3. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 7 | |
| 443 | + | October 1, 2025. 8 |