Oklahoma 2023 Regular Session

Oklahoma House Bill HB2010 Latest Draft

Bill / Enrolled Version Filed 05/11/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 2010 	By: Davis, Pae, Dollens, 
Townley, Boles, Swope, 
Hasenback, George, Lowe 
(Jason), Schreiber, Sims, 
Alonso-Sandoval, Sterling, 
and Talley of the House 
 
  and 
 
  Hall of the Senate 
 
 
 
 
An Act relating to public health and safety; amending 
63 O.S. 2021, Section 4207, which relates to lig hts 
and other equipment; creating Andy's La w; requiring 
attachment of certain sticker to certain motorized 
vessels; requiring the approval and development of 
certain sticker and literature; allowing for use of 
certain existing stickers; requiring distribution of 
certain sticker and literature; describing when 
Service Oklahoma may stop issuing stickers for 
certain vessels; authorizing the promulgation of 
rules; and providing an effective date . 
 
 
 
 
SUBJECT: Public health and safety 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 4207, is 
amended to read as follows: 
 
Section 4207. A.  This section shall be known and may be cited 
as "Andy's Law". 
 
B. Every vessel in all weathers between the hours from sunset 
to sunrise and during periods of restricted visibility shall carry 
and exhibit the lights pr escribed by the United Stat es Coast Guard 
when under way, including, but not limited to, the followi ng: 
  ENR. H. B. NO. 2010 	Page 2 
1.  Every power-driven vessel shall carry and exhibit: 
 
a. a masthead light forward.  A vessel less than twenty 
(20) meters, or less than sixty -five (65) feet seven 
and one-half (7 1/2) inches in length nee d not exhibit 
this light forward of amidships b ut shall exhibit it 
as far forward as practicable, and 
 
b. side lights, and 
 
c. a stern light; 
 
2.  Any power-driven vessel of less than twelve (12) meters, or 
less than thirty-nine (39) feet four and one-half (4 1/2) inches in 
length may carry and exhibit, i n lieu of the lights prescribed in 
paragraph 1 of this subsection, an all-around white light and side 
lights; 
 
3.  Every sailing vessel shall carry and exhib it: 
 
a. side lights, and 
 
b. a stern light; 
 
4.  Any sailing vessel of less than twenty (20) meters, or less 
than sixty-five (65) feet seven and one-half (7 1/2) inches, in 
length may combine the lights prescribed in paragraph 3 of this 
subsection within one lantern carried at or near the top of the mast 
where it can be seen as nearly all-around as possible; 
 
5.  Any sailing vessel may carry and exhibit, in addition to the 
lights prescribed in paragraph 3 of this subsection but not in 
conjunction with any combi nation lantern as provided in paragraph 4 
of this subsection, two all-around lights in a vertical line, the 
upper being red and the lo wer being green, at or near the top of the 
mast where they can be seen as nearly all -around as possible; 
 
6.  Every sailing vessel of less than seven (7) meters, or less 
than twenty-three (23) feet eleven and one-half (11 1/2) inches in 
length shall carry and exhibit if practicable, the lights prescribed 
in paragraph 3 or 4 of this subsection.  If such exhibition is not 
practicable, there shall be carried ready at hand on the v essel a 
lantern or flashlight showing a white li ght which shall be exhibited 
in sufficient time to avert collision; 
  ENR. H. B. NO. 2010 	Page 3 
7.  Every sailing vessel propelled by a combination of sail and 
motor shall carry and ex hibit the lights of a power-driven vessel 
prescribed in paragraph 1 or 2 of this subsection; 
 
8.  Every manually powered vessel may car ry and exhibit the 
lights prescribed in this subsection for sailing vessels.  If such 
lights are not carried and exhibited , there shall be carried ready 
at hand on the vessel a lantern or flashlight showing a white light 
which shall be exhibited in suffici ent time to avert collision; and 
 
9.  Every vessel at anchor shall carry and exhibit an all -around 
white light in such a po sition where it may best be seen.  The deck 
of an anchored vessel may be illuminated by available au xiliary 
lights, provided the auxil iary lights do not interfere with the 
visibility of required lights or impair the safe navigation of other 
vessels. 
 
For purposes of this section, "restricted visibility" shall mean any 
condition which restricts visibility including but not limited to 
fog, mist, falling snow, heavy rain or sandstorm. 
 
B. C.  Every vessel shall be provided with an efficient whistle 
or other sound-producing mechanical appliance; provided, however, no 
vessel, except for emergency and law enforcemen t vessels, shall be 
equipped with a siren. 
 
C. D.  Every vessel of eight (8) meters or greater, or twenty -
six (26) feet three (3) inches or greater, in le ngth shall be 
equipped with an efficient bell. 
 
D. E.  Every vessel shall be required to carry: 
 
1.  At least one wearable personal flot ation device for each 
person on board so placed as to be readily accessible and of a size 
suitable to the person who is or will be wearing it; and 
 
2.  At least one type IV (throwable) personal flotation device 
on board, so placed a s to be readily accessibl e.  This paragraph 
shall not apply to a ny vessel under sixteen (16) feet in length. 
 
All lifesaving devices shall be in goo d and serviceable condition. 
 
E. F.  Every vessel using flammable liquid as fuel shall be 
equipped with such numb er, size, and type of United States Coast 
Guard approved fire ex tinguisher as prescribed in the rules of the  ENR. H. B. NO. 2010 	Page 4 
Department of Public Safety.  Such extinguisher shall be capable of 
promptly and effectively extinguishing burning fuel.  Fire 
extinguishers shall be at all times kept i n condition for immediate  
and effective use and shall be so placed and secured to the vessel 
as to be readily accessible. 
 
F. G.  The provisions of subsections B, C, and E of this section 
shall not apply to vessels while competing in any race conducted 
pursuant to Section 4205 of this title, or, if such vessels are 
designed and intended solely for racing, while engaged in suc h 
navigation as is incidental to the tuning up of vessels and motors 
for the race. 
 
G. H.  Every vessel shall have the carburetor or carburetors of 
every motor therein, except ou tboard motors, using any liquid as 
fuel, equipped with a United States Coast Gu ard or U.L. or S.A.E. 
approved backfire flame arrestor or other appropriate attachment, as  
prescribed by the rules of the Department of Public Safety. 
 
H. I.  Every vessel, except open vessels, using any liquid as 
fuel shall be provided with such means as may be prescribed by the 
United States Coast Guard for properly and efficiently ventilating 
the bilges of the motor and f uel tank compartments so as to remove 
any explosive or inflammable gases. 
 
I. J.  No person shall operate or give permission for the 
operation of a vessel which is not equipped as required by this 
section or modification thereof and as prescribed in the rules of 
the Department of Public Safety. 
 
K.  Any motorized vessel, as defined in Section 4002 of this 
title, other than a personal waterc raft, as defined by Section 4201 
of this title, that is sold or operated in this state shall be 
required to have a carbon monoxide warning sticker affixed in plain 
view to the interior of t he vessel.  The Department of Public Safety 
shall develop and approve a carbon monoxide warning sticker and 
literature on the dangers of carb on monoxide and boating.  The 
Department may approve a carbon monoxide warning sticker that has 
been approved by the United States Coast Guard for similar uses in 
other states.  A carbon monoxide warning stick er already developed 
by a vessel manufacturer that is affixed to a vessel satisfies the 
requirements of this subsection.  After development and approval of 
the sticker, the Department shall transfer the sticker design to 
Service Oklahoma for printing and distribution.  Service Oklahoma 
and its licensed operators shall provide the stickers along with  ENR. H. B. NO. 2010 	Page 5 
literature on the dangers of carbon monoxide and boating to vessel 
owners in annual registration materials at no cost and shall include 
the stickers when an application for a certificate of title is made 
and the ownership of the vessel is transferred.  Once a vessel is 
stickered, Service Oklahoma shall no longer be required to include 
the stickers with vessel registration materials or to a new owner if 
the vessel is resold.  The Department of Public Safety and Service 
Oklahoma are authorized to promulgate any rules necessary to 
effectuate the provisions of this subsection. 
 
SECTION 2.  This act shall become effective November 1, 2023. 
  ENR. H. B. NO. 2010 	Page 6 
Passed the House of R epresentatives the 10th day of May, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 26th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor thi s ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 2 0_______, at _______ o'clock ___ ____ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at ___ ____ o'clock _______ M. 
By: _________________________________