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1 | - | An Act | |
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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2010 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT S | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 2010 By: Davis, Pae, Dollens, | |
4 | 32 | Townley, Boles, Swope, | |
5 | - | ||
33 | + | Hasenbeck, George, Lowe | |
6 | 34 | (Jason), Schreiber, Sims, | |
7 | - | Alonso-Sandoval | |
8 | - | ||
35 | + | Alonso-Sandoval and | |
36 | + | Sterling of the House | |
9 | 37 | ||
10 | 38 | and | |
11 | 39 | ||
12 | 40 | Hall of the Senate | |
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17 | - | An Act relating to public health and safety; amending | |
18 | - | 63 O.S. 2021, Section 4207, which relates to lig hts | |
19 | - | and other equipment; creating Andy's La w; requiring | |
20 | - | attachment of certain sticker to certain motorized | |
21 | - | vessels; requiring the approval and development of | |
22 | - | certain sticker and literature; allowing for use of | |
23 | - | certain existing stickers; requiring distribution of | |
24 | - | certain sticker and literature; describing when | |
25 | - | Service Oklahoma may stop issuing stickers for | |
26 | - | certain vessels; authorizing the promulgation of | |
27 | - | rules; and providing an effective date . | |
45 | + | ||
46 | + | [ public health and safety - Andy's Law - attachment | |
47 | + | of sticker to motorized vessels - fee - | |
48 | + | promulgation of rules - effective date ] | |
28 | 49 | ||
29 | 50 | ||
30 | 51 | ||
31 | 52 | ||
32 | - | SUBJECT: Public health and safety | |
53 | + | AUTHOR: Add the following House Coauthor: Talley | |
54 | + | ||
55 | + | AMENDMENT NO. 1. Page 1, restore the title | |
56 | + | ||
57 | + | AMENDMENT NO. 2. Page 6, line 13, insert after the word “materials” | |
58 | + | and before the word “and”, the words “at no cost” | |
59 | + | ||
60 | + | AMENDMENT NO. 3. Page 6, lines 15-16, delete the words “Stickers | |
61 | + | may be purchased by vessel owners a t any Service | |
62 | + | Oklahoma location.” | |
63 | + | ||
64 | + | AMENDMENT NO. 4. Page 6, lines 19-20, delete the words “The fee | |
65 | + | charged by Service Oklahoma for the sticker shall | |
66 | + | be the cost at which the sticker was produced. ” | |
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68 | + | ENGR. S. A. TO ENGR. H. B. NO. 2010 Page 2 1 | |
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93 | + | Passed the Senate the 26th day of April, 2023. | |
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97 | + | Presiding Officer of the Senate | |
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100 | + | Passed the House of Representatives the ____ day of _ _________, | |
101 | + | 2023. | |
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105 | + | Presiding Officer of the House | |
106 | + | of Representatives | |
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108 | + | ENGR. H. B. NO. 2010 Page 1 1 | |
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133 | + | ENGROSSED HOUSE | |
134 | + | BILL NO. 2010 By: Davis, Pae, Dollens, | |
135 | + | Townley, Boles, Swope, | |
136 | + | Hasenback, George, Lowe | |
137 | + | (Jason), Schreiber, Sims, | |
138 | + | Alonso-Sandoval and | |
139 | + | Sterling of the House | |
140 | + | ||
141 | + | and | |
142 | + | ||
143 | + | Hall of the Senate | |
144 | + | ||
145 | + | ||
146 | + | ||
147 | + | [ public health and safety - Andy's Law - attachment | |
148 | + | of sticker to motorized vessels - fee - | |
149 | + | promulgation of rules - effective date ] | |
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33 | 153 | ||
34 | 154 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
35 | - | ||
36 | 155 | SECTION 1. AMENDATORY 63 O.S. 2021, Section 4207, is | |
37 | 156 | amended to read as follows: | |
38 | - | ||
39 | 157 | Section 4207. A. This section shall be known and may be cited | |
40 | 158 | as "Andy's Law". | |
41 | - | ||
42 | 159 | B. Every vessel in all weathers between the hours from sunset | |
43 | 160 | to sunrise and during periods of restricted visi bility shall carry | |
44 | 161 | and exhibit the lights pr escribed by the United Stat es Coast Guard | |
45 | 162 | when under way, including, but not limited to, the followi ng: | |
46 | - | ENR. H. B. NO. 2010 Page 2 | |
47 | 163 | 1. Every power-driven vessel shall carry and exhibit: | |
48 | - | ||
49 | 164 | a. a masthead light forward. A vessel less than twen ty | |
50 | 165 | (20) meters, or less than sixty -five (65) feet seven | |
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51 | 192 | and one-half (7 1/2) inches in length nee d not exhibit | |
52 | 193 | this light forward of amidships b ut shall exhibit it | |
53 | 194 | as far forward as practicable, and | |
54 | - | ||
55 | 195 | b. side lights, and | |
56 | - | ||
57 | 196 | c. a stern light; | |
58 | - | ||
59 | 197 | 2. Any power-driven vessel of less than twelve (12) meters, or | |
60 | 198 | less than thirty-nine (39) feet four and one-half (4 1/2) inches in | |
61 | 199 | length may carry and exhibit, i n lieu of the lights prescribed in | |
62 | 200 | paragraph 1 of this subsection, an all-around white light and side | |
63 | 201 | lights; | |
64 | - | ||
65 | 202 | 3. Every sailing vessel shall carry and exhib it: | |
66 | - | ||
67 | 203 | a. side lights, and | |
68 | - | ||
69 | 204 | b. a stern light; | |
70 | - | ||
71 | 205 | 4. Any sailing vessel of less than twenty (20) meters, or less | |
72 | 206 | than sixty-five (65) feet seven and one-half (7 1/2) inches, in | |
73 | 207 | length may combine the lights prescribed i n paragraph 3 of this | |
74 | 208 | subsection within one lantern carried at or near the top of the mast | |
75 | 209 | where it can be seen as nearly all-around as possible; | |
76 | - | ||
77 | 210 | 5. Any sailing vessel may carry and exhibit, in addition to the | |
78 | 211 | lights prescribed in paragraph 3 of this subs ection but not in | |
79 | 212 | conjunction with any combi nation lantern as provided in paragraph 4 | |
80 | 213 | of this subsection, two all-around lights in a vertical line, the | |
81 | 214 | upper being red and the lo wer being green, at or near the top of the | |
82 | 215 | mast where they can be seen as near ly all-around as possible; | |
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83 | 241 | ||
84 | 242 | 6. Every sailing vessel of less than seven (7) meters, or less | |
85 | 243 | than twenty-three (23) feet eleven and one-half (11 1/2) inches in | |
86 | 244 | length shall carry and exhibit if practicable, the lights prescribed | |
87 | 245 | in paragraph 3 or 4 of this s ubsection. If such exhibition is not | |
88 | 246 | practicable, there shall be carri ed ready at hand on the ve ssel a | |
89 | 247 | lantern or flashlight showing a white li ght which shall be exhibited | |
90 | 248 | in sufficient time to avert collision; | |
91 | - | ENR. H. B. NO. 2010 Page 3 | |
92 | 249 | 7. Every sailing vessel propelled by a comb ination of sail and | |
93 | 250 | motor shall carry and ex hibit the lights of a power -driven vessel | |
94 | 251 | prescribed in paragraph 1 or 2 of this subsection; | |
95 | - | ||
96 | 252 | 8. Every manually powered vessel may car ry and exhibit the | |
97 | 253 | lights prescribed in this subsection for sailing vessels. If such | |
98 | 254 | lights are not carried and exhibited , there shall be carried re ady | |
99 | 255 | at hand on the vessel a lantern or flashlight showing a white light | |
100 | 256 | which shall be exhibited in suffici ent time to avert collision; and | |
101 | - | ||
102 | 257 | 9. Every vessel at anchor shall carry and ex hibit an all-around | |
103 | 258 | white light in such a po sition where it may best be seen. The deck | |
104 | 259 | of an anchored vessel may be illuminated by available au xiliary | |
105 | 260 | lights, provided the auxil iary lights do not interfere with the | |
106 | 261 | visibility of required lights or impair the safe navigation of other | |
107 | 262 | vessels. | |
108 | - | ||
109 | 263 | For purposes of this section, "restricted visibility" shall mean any | |
110 | 264 | condition which restricts visibility including but not limited to | |
111 | 265 | fog, mist, falling snow, heavy rain or sandstorm. | |
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113 | 292 | B. C. Every vessel shall be prov ided with an efficient whistle | |
114 | 293 | or other sound-producing mechanical appl iance; provided, however, no | |
115 | 294 | vessel, except for emergency and law enforcemen t vessels, shall be | |
116 | 295 | equipped with a siren. | |
117 | - | ||
118 | 296 | C. D. Every vessel of eight (8) meters or greater, or twenty - | |
119 | 297 | six (26) feet three (3) inches or greater, in le ngth shall be | |
120 | 298 | equipped with an efficient bell. | |
121 | - | ||
122 | 299 | D. E. Every vessel shall be required to carry: | |
123 | - | ||
124 | 300 | 1. At least one wearable personal flot ation device for each | |
125 | 301 | person on board so placed as to be readily accessible an d of a size | |
126 | 302 | suitable to the person who is or will be wearing it; and | |
127 | - | ||
128 | 303 | 2. At least one type IV (throwable) personal flotation device | |
129 | 304 | on board, so placed a s to be readily accessibl e. This paragraph | |
130 | 305 | shall not apply to a ny vessel under sixteen (16) feet in le ngth. | |
131 | - | ||
132 | 306 | All lifesaving devices shall be in goo d and serviceable condition . | |
133 | - | ||
134 | 307 | E. F. Every vessel using flammable liquid as fuel shall be | |
135 | 308 | equipped with such numb er, size, and type of United States Coast | |
136 | - | Guard approved fire ex tinguisher as prescribed in the | |
309 | + | Guard approved fire ex tinguisher as prescribed in the rule s of the | |
137 | 310 | Department of Public Safety. Such extinguisher shall be capab le of | |
138 | 311 | promptly and effectively extingu ishing burning fuel. Fire | |
139 | 312 | extinguishers shall be at all times kept i n condition for immediate | |
140 | 313 | and effective use and shall be so placed and secure d to the vessel | |
141 | 314 | as to be readily accessible. | |
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142 | 340 | ||
143 | 341 | F. G. The provisions of subsections B, C, and E of this section | |
144 | 342 | shall not apply to vessels while competing in any race conducted | |
145 | 343 | pursuant to Section 4205 of this title, or, if such vessels are | |
146 | 344 | designed and intended solely for racing, while engaged in suc h | |
147 | 345 | navigation as is incident al to the tuning up of vessels and motors | |
148 | 346 | for the race. | |
149 | - | ||
150 | 347 | G. H. Every vessel shall have the carburetor or carburetors of | |
151 | 348 | every motor therein, except ou tboard motors, using any liquid as | |
152 | 349 | fuel, equipped with a United States Coast Gu ard or U.L. or S.A.E. | |
153 | 350 | approved backfire flame arrestor or other appropr iate attachment, as | |
154 | 351 | prescribed by the rules of the Department of Public Safety. | |
155 | - | ||
156 | 352 | H. I. Every vessel, except open vessels, using any liquid a s | |
157 | 353 | fuel shall be provided with such means as may be prescribed by the | |
158 | 354 | United States Coast Guard for properly and effici ently ventilating | |
159 | 355 | the bilges of the motor and f uel tank compartments so as to remove | |
160 | 356 | any explosive or inflammable gases. | |
161 | - | ||
162 | 357 | I. J. No person shall operate or give permission for the | |
163 | 358 | operation of a vessel which is not equipped as required by this | |
164 | 359 | section or modification thereof and as prescribed in the rules of | |
165 | 360 | the Department of Public Safety. | |
166 | - | ||
167 | 361 | K. Any motorized vessel, as defined in Section 4002 of this | |
168 | 362 | title, other than a personal waterc raft, as defined by Section 4201 | |
169 | 363 | of this title, that is sold or operated in this state shall be | |
170 | 364 | required to have a carbon monoxide warning sticker affixed in plain | |
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171 | 391 | view to the interior of t he vessel. The Department of Public Safety | |
172 | 392 | shall develop and approve a carbon monoxide warning sticker and | |
173 | 393 | literature on the dangers of carb on monoxide and boating. The | |
174 | 394 | Department may approve a carbon monoxide warning sticker that has | |
175 | 395 | been approved by the United States Coast Guard for similar uses in | |
176 | 396 | other states. A carbon monoxide warning stick er already developed | |
177 | 397 | by a vessel manufacturer that is affixed to a vessel satisfies the | |
178 | 398 | requirements of this subsection. After development and approval of | |
179 | 399 | the sticker, the Department shall transfer the sticker design to | |
180 | 400 | Service Oklahoma for printing and distribution. Service Oklahoma | |
181 | - | and its licensed operators shall provide the stickers along with | |
401 | + | and its licensed operators shall provide the stickers along with | |
182 | 402 | literature on the dangers of carbon monoxide and boating to vessel | |
183 | - | owners in annual registration materials at no cost and shall include | |
184 | - | the stickers when an application for a certificate of title is made | |
185 | - | and the ownership of the vessel is transferred. Once a vessel is | |
186 | - | stickered, Service Oklahoma shall no longer be required to include | |
187 | - | the stickers with vessel registration materials or to a new owner if | |
188 | - | the vessel is resold. The Department of Public Safety and Service | |
189 | - | Oklahoma are authorized to promulgate any rules necessary to | |
190 | - | effectuate the provisions of this subsection. | |
403 | + | owners in annual registration materials and shall include the | |
404 | + | stickers when an application fo r a certificate of title is made and | |
405 | + | the ownership of the vessel is transferred. Stickers may be | |
406 | + | purchased by vessel owners at any Service Oklahoma location. Once a | |
407 | + | vessel is stickered, Service Oklahoma shall no longer be required to | |
408 | + | include the stickers with vessel registration materials or to a new | |
409 | + | owner if the vessel is resold. The fee charged by Service Oklahoma | |
410 | + | for the sticker shall be the cost at which the sticker was produced. | |
411 | + | The Department of Public Safety and Service Oklahoma are authorized | |
412 | + | to promulgate any rules necessary to effectuate the provisions of | |
413 | + | this subsection. | |
414 | + | SECTION 2. This act shall become effective November 1, 2023. | |
191 | 415 | ||
192 | - | SECTION 2. This act shall become effective November 1, 2023. | |
193 | - | ENR. H. B. NO. 2010 Page 6 | |
194 | - | Passed the House of R epresentatives the 10th day of May, 2023. | |
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441 | + | Passed the House of Repres entatives the 8th day of March, 2023. | |
195 | 442 | ||
196 | 443 | ||
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198 | 445 | ||
199 | 446 | Presiding Officer of the House | |
200 | 447 | of Representatives | |
201 | 448 | ||
202 | 449 | ||
203 | 450 | ||
204 | - | Passed the Senate the | |
451 | + | Passed the Senate the ___ day of __________, 2023. | |
205 | 452 | ||
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208 | 455 | ||
209 | 456 | Presiding Officer of the Senate | |
210 | 457 | ||
211 | 458 | ||
212 | 459 | ||
213 | - | OFFICE OF THE GOVERNOR | |
214 | - | Received by the Office of the Governor thi s ____________________ | |
215 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
216 | - | By: _________________________________ | |
217 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
218 | - | day of ___________________, 2 0_______, at _______ o'clock ___ ____ M. | |
219 | - | ||
220 | - | ||
221 | - | _________________________________ | |
222 | - | Governor of the State of Oklahoma | |
223 | - | ||
224 | - | OFFICE OF THE SECRETARY OF STATE | |
225 | - | Received by the Office of the Secretary of State this __________ | |
226 | - | day of ___________________, 20_______, at ___ ____ o'clock _______ M. | |
227 | - | By: _________________________________ |