CSHB 108(JUD): "An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date."
00CS FOR HOUSE BILL NO. 108(JUD) 01 "An Act relating to the use, operation, and regulation of boats; establishing a 02 uniform state waterway marking system; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. INTENT. It is the intent of the legislature that at least 75 percent of any 05 federal funds generated as a result of this Act be used to fund a statewide boating safety and 06 education program, and that the state program operate in conjunction with the United States 07 Coast Guard Auxiliary boating safety program and other marine education organizations. 08 * Sec. 2. AS 05.25.010 is repealed and reenacted to read: 09 Sec. 05.25.010. Safety requirements. (a) Except as otherwise provided by 10 law, a boat placed on the water of the state 11 (1) must be equipped with and use the sound producing devices and 12 visual distress signals of the same number, type, and specifications as required by the 13 United States Coast Guard; 14 (2) that is equipped with a gasoline engine for electrical generation,
01 mechanical power, or mechanical propulsion must also be equipped with the 02 ventilation systems and backfire flame control devices of the same type and 03 specifications as required by the United States Coast Guard; and 04 (3) that is equipped with an engine for electrical generation, mechanical 05 power, or mechanical propulsion must also be equipped with the fire extinguishers of 06 the same number, type, and specifications as required by the United States Coast 07 Guard. 08 (b) The provisions of (a) of this section apply regardless of whether the boat 09 is placed or operated on water of the state subject to federal jurisdiction. 10 (c) During the period of time extending from sunset to sunrise and during 11 periods of restricted visibility, a boat placed on water of the state must display lights 12 of the same number, type, and specifications as required by the United States Coast 13 Guard under 33 U.S.C. 1602 and 33 U.S.C. 2002. 14 (d) A boat on water of the state must carry one United States Coast Guard 15 approved Type I, Type II, or Type III personal flotation device in serviceable condition 16 for each person on board the boat. A Type V personal flotation device may be carried 17 in lieu of a personal flotation device required in this subsection if the Type V personal 18 flotation device is in serviceable condition and 19 (1) if the approval label on the Type V personal flotation device 20 indicates that the device is approved for the activity in which the boat is being used, 21 or that the device is approved as a substitute for a personal flotation device of the type 22 required on the boat; and 23 (2) for a device that contains a reference to an owner's manual, if the 24 Type V personal flotation device is used in accordance with the requirements in the 25 owner's manual. 26 (e) In addition to the requirements in (d) of this section, a boat that is 16 feet 27 or longer, other than a kayak or canoe, must carry one Type IV personal flotation 28 device that can be thrown and that is approved by the United States Coast Guard. 29 (f) A person may not use a flashing or revolving red or blue emergency light 30 on a boat unless the boat is operated by a peace officer or emergency professional in 31 the performance of official duties.
01 (g) The operator of a boat on water of the state may not transport a person 02 under 13 years of age on the deck of a boat or in an open boat unless the person is 03 wearing a United States Coast Guard approved Type I, Type II, or Type III personal 04 flotation device. A Type V personal flotation device may be worn in lieu of a 05 personal flotation device required in this subsection if the Type V personal flotation 06 device is in serviceable condition and 07 (1) if the approval label on the Type V personal flotation device 08 indicates that the device is approved for the activity in which the boat is being used, 09 or that the device is approved as a substitute for a personal flotation device of the type 10 required on the boat; and 11 (2) for a device that contains a reference to an owner's manual, if the 12 Type V personal flotation device is used in accordance with the requirements in the 13 owner's manual. 14 (h) The department may require, by regulation, that a boat or class of boats 15 carry additional equipment that is necessary for the safety of persons and property. 16 * Sec. 3. AS 05.25.020 is amended to read: 17 Sec. 05.25.020. Use of boat with water [WATER] skis and surfboards. (a) 18 A person may not operate a boat [WATERCRAFT] on water [THE INLAND 19 WATERS] of the [THIS] state for towing a person on water skis, [OR] a surfboard, 20 or a similar device [DEVICES] unless 21 (1) the boat [WATERCRAFT] is equipped with a rearview mirror in 22 which the person being towed can be viewed ; [,] or 23 (2) there is , in the boat, [WATERCRAFT] a person of 12 years of age 24 or older in addition to the operator [,] in a position to observe the progress of the 25 person being towed. 26 (b) A person may not operate a boat [WATERCRAFT] on [THE] water of the 27 state to tow a person under 13 years of age on water skis, a surfboard, or a similar 28 device unless the person being towed is wearing a United States Coast Guard approved 29 (1) Type I, Type II, or Type III personal flotation device ; or 30 (2) Type V personal flotation device if the Type V personal 31 flotation device is in serviceable condition and
01 (A) if the approval label on the Type V personal flotation 02 device indicates that the device is approved for the activity; 03 (B) for a device that contains a reference to an owner's 04 manual, if the Type V personal flotation device is used in accordance with 05 the requirements in the owner's manual [. IN THIS SUBSECTION, 06 "PERSONAL FLOTATION DEVICE" DOES NOT INCLUDE A LIFE BELT 07 OR LIFE RING]. 08 * Sec. 4. AS 05.25.030 is repealed and reenacted to read: 09 Sec. 05.25.030. Boat collisions, accidents, and casualties. (a) The operator 10 of a boat involved in a collision, accident, or casualty shall 11 (1) render assistance as is practicable and necessary to save other 12 persons from danger or to minimize the danger to other persons to the extent that the 13 operator can do so without serious danger to the operator's boat, crew, and passengers; 14 and 15 (2) give the operator's name, address, and identification number of the 16 operator's boat in writing to each person injured in the collision, accident, or casualty 17 and to the owner of property damaged in the collision, accident, or casualty. 18 (b) For the purpose of gathering boating accident statistics, the operator of a 19 boat involved in a collision, accident, or casualty that results in death or injury to a 20 person, or damage to property in excess of $500 for each incident, shall file a report 21 with the department on or before the 20th day after the incident. The department shall 22 prepare a form for the report and make the form available to other agencies and to the 23 public. 24 (c) In response to a request from an authorized official or agency of the United 25 States, a law enforcement agency, or in compliance with United States Coast Guard 26 regulations, the department shall provide statistical information compiled or otherwise 27 available to the department from the reports required under (b) of this section. 28 * Sec. 5. AS 05.25.040 is amended to read: 29 Sec. 05.25.040. Owner's civil liability. The owner of a boat 30 [WATERCRAFT] is liable for injury or damage caused by the negligent operation of 31 the owner's boat [WATERCRAFT] whether the negligence consists of a violation of
01 a state statute [,] or the failure [NEGLECTING] to exercise [OBSERVE] ordinary 02 care in the operation of the boat [WATERCRAFT] as the rules of the common law 03 require. The owner is not liable, however, unless the boat [WATERCRAFT] is used 04 with the owner's express or implied consent. It is presumed that the boat 05 [WATERCRAFT] is being operated with the knowledge and consent of the owner [,] 06 if , at the time of the injury or damage, it is under the control of the owner's spouse, 07 father, mother, brother, sister, son, daughter, or other member of the owner's immediate 08 family. This chapter does not relieve any other person from a liability that the person 09 would otherwise incur [,] and does not authorize or permit recovery in excess of injury 10 or damage actually incurred. 11 * Sec. 6. AS 05.25.050 is amended to read: 12 Sec. 05.25.050. Declaration of policy. It is the policy of the [THIS] state to 13 promote safety for persons and property in and connected with the use, operation, and 14 equipment of boats on water of the state [VESSELS IN RECREATIONAL 15 PURSUITS IN INLAND WATERS] and to promote uniformity of laws relating to 16 boat safety [THERETO]. 17 * Sec. 7. AS 05.25 is amended by adding new sections to read: 18 Sec. 05.25.052. Uniform state waterway marking system. The department 19 shall develop and adopt regulations establishing a uniform state waterway marking 20 system for the placement of regulatory markers. The regulations must be compatible 21 with the system of aids to navigation prescribed by the United States Coast Guard. 22 Sec. 05.25.053. Boating safety program. (a) The department shall administer 23 a statewide boating safety program. The program must, to the extent consistent with 24 state law, 25 (1) secure the full benefits available to the state under 46 U.S.C. 13101 26 - 13110 (Federal Boat Safety Act of 1971); and 27 (2) take additional actions necessary to gain initial and ongoing federal 28 acceptance of the boating safety program and to qualify and apply for federal money 29 under 46 U.S.C. 13102. 30 (b) The department shall cooperate with local, state, and federal agencies, 31 private and public organizations, and individuals to provide for
01 (1) education on boating safety; 02 (2) a boat registration and numbering system through the Department 03 of Administration; 04 (3) a boating collisions, accidents, and casualties reporting system; 05 (4) boating access; 06 (5) boating safety patrol and law enforcement activity; 07 (6) a uniform state waterway marking system; and 08 (7) a boating safety advisory council as described in AS 05.25.057. 09 Sec. 05.25.055. Registration and numbering of boats. (a) An 10 undocumented boat placed on water of the state must be registered and numbered as 11 required by this chapter. The Department of Administration shall adopt by regulation 12 a boat registration and numbering system that is consistent with the national standard 13 for state numbering systems established by the United States Coast Guard. 14 (b) In adopting a boat registration system under (a) of this section, the 15 Department of Administration shall authorize agents, including boat dealers, to register 16 boats. 17 (c) A boat dealer shall require a purchaser of a new or used boat sold at retail 18 to complete a registration application and pay the registration fee before the boat 19 leaves the dealer's premises unless the boat is exempt from registration and numbering 20 under this chapter or regulations adopted under this chapter. 21 (d) A person may not operate a boat on water of the state unless a valid 22 certificate of number has been awarded by the Department of Administration to the 23 boat and the identification number and any required validation decals are properly 24 displayed on the boat. 25 (e) The Department of Administration shall authorize agents to accept an 26 application and registration fee for registration, to issue a registration, and to forward 27 the application and registration fee to the Department of Administration. 28 (f) Unless otherwise provided by this chapter, or unless the owner has been 29 awarded a current, valid Alaska certificate of number from the United States Coast 30 Guard, the owner of a boat for which a current certificate of number has been awarded 31 under federal law or a federally approved numbering system of another state shall
01 apply for a certificate of number in this state as required by this chapter if the boat is 02 operated on water of the state for more than 90 consecutive days. If a boat has an 03 existing number, the owner may request that the department issue the same number for 04 purposes of this section, and the department shall comply with the request unless 05 compliance would result in a duplication of numbers. 06 (g) A certificate of number issued under this chapter is valid for three years 07 unless terminated or discontinued earlier as required by this chapter and regulations 08 adopted under this chapter. The certificate expires on the last day of the month at the 09 end of the three-year period. The expiration date shall be indicated on the certificate. 10 (h) All records of ownership of boats that are kept by the Department of 11 Administration under this section are public records. The Department of 12 Administration shall provide records of ownership to the Department of Natural 13 Resources for the purposes of meeting the federal requirements for state programs and 14 implementing this chapter. 15 (i) The following boats are exempt from the numbering and registration 16 provisions of this section: 17 (1) a boat that is operated in this state for a period not exceeding 90 18 consecutive days and that has a current, valid certificate of number issued by another 19 state having a federally approved numbering system; 20 (2) a foreign boat operated in water of the state for a period not 21 exceeding 90 consecutive days; 22 (3) a boat owned by the United States or an entity or political 23 subdivision of the United States, or a boat owned by a state or an entity or political 24 subdivision of a state; 25 (4) a boat that is not equipped with mechanical propulsion, that is 26 exclusively paddled, poled, rowed, or powered by wind, and that is under 10 feet in 27 length; 28 (5) a boat with a valid document to operate the boat that is issued by 29 the United States or a foreign government. 30 Sec. 05.25.057. Alaska Boating Safety Council established. (a) The Alaska 31 Boating Safety Council is established in the department.
01 (b) The council consists of seven members appointed by the governor. The 02 governor shall appoint each member on the basis of interest in public affairs, 03 knowledge of boating issues as they relate to both safety and water of the state, and 04 good judgment and ability concerning boating safety. At least four members of the 05 council shall represent powerboat interests. The appointed members shall be residents 06 of the state and shall be appointed without regard to political affiliation or geographical 07 location of residence. The commissioner is not a member of the council, but shall be 08 ex officio secretary. 09 (c) The council may not meet more than two times in each calendar year. 10 Members of the council receive no compensation for services on the council, but are 11 entitled to per diem and travel expenses authorized for boards under AS 39.20.180. 12 (d) In this section, "council" means the Alaska Boating Safety Council. 13 * Sec. 8. AS 05.25.060 is repealed and reenacted to read: 14 Sec. 05.25.060. Prohibited operation. A person may not operate a boat on 15 water of the state 16 (1) for a recreational purpose or another purpose, or tow water skis, a 17 surfboard, or a similar device, in a reckless or negligent manner so as to endanger the 18 life or property of another person; 19 (2) that is not equipped as required under this chapter and regulations 20 adopted under this chapter; or 21 (3) in a manner that is inconsistent with a regulatory marker authorized 22 under regulations adopted by the department under this chapter. 23 * Sec. 9. AS 05.25.070 is amended to read: 24 Sec. 05.25.070. Exemptions. Boats [WATERCRAFT] and persons operating 25 boats [WATERCRAFT] are exempt from this chapter [, EXCEPT AS 05.25.060(b),] 26 when participating in the area set aside for a public regatta, race, marine parade, 27 tournament, or exhibition on inland water; for purposes of this section, "inland 28 water" means water of the state that is not offshore water [WATERS]. 29 * Sec. 10. AS 05.25.080 is repealed and reenacted to read: 30 Sec. 05.25.080. Enforcement. A peace officer may enforce this chapter and 31 regulations adopted under this chapter and in the exercise of enforcement may stop and
01 board a boat subject to this chapter. A peace officer may issue a citation as provided 02 in AS 12.25.180 to a person who violates a provision of this chapter. 03 * Sec. 11. AS 05.25.090 is repealed and reenacted to read: 04 Sec. 05.25.090. Penalties. (a) Except as provided in (b) of this section, a 05 person who violates a provision of this chapter or regulations adopted under this 06 chapter is guilty of a class A misdemeanor. 07 (b) A person who violates AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.055, 08 05.25.060(2) or (3), or a regulation adopted under this chapter relating to AS 05.25.010 09 or 05.25.020 is guilty of a violation as defined in AS 11.81.900 and may be fined up 10 to $500. The supreme court shall establish by order or rule a schedule of bail amounts 11 for violations under this subsection that allow the disposition of a citation without a 12 court appearance. 13 * Sec. 12. AS 05.25 is amended by adding a new section to read: 14 Sec. 05.25.095. Regulations. (a) Except as provided in (c) - (e) of this 15 section, the department may adopt regulations to implement this chapter, including 16 regulations regarding 17 (1) boat and associated safety equipment requirements, including 18 additional equipment as described in AS 05.25.010; 19 (2) uniform waterway markers; 20 (3) boat operation and safety requirements; and 21 (4) requirements for certification of programs on boating safety 22 education. 23 (b) In consultation with the department, the Department of Administration may 24 adopt regulations to implement this chapter with respect to the numbering, marking, 25 and titling of undocumented boats. 26 (c) Regulations adopted under this chapter may not be less stringent than 27 applicable minimum requirements of regulations governing recreational boat safety of 28 the United States Coast Guard. 29 (d) The department may not adopt a regulation under this section regarding 30 boating safety if, before or during the period for public comment on the proposed 31 regulation provided by AS 44.62.190, the Alaska Boating Safety Council provides the
01 department with a written objection regarding the regulation, unless the department 02 modifies the proposed regulation to satisfy the objection. The prohibition of this 03 subsection does not apply if modification of the proposed regulation to satisfy the 04 council's objection would result in 05 (1) failure to meet a federal stringency requirement described under (c) 06 of this section; or 07 (2) a regulation that is not consistent with another provision of law. 08 (e) Nothing in this section authorizes the department to prohibit a use of or 09 access to the water of the state by a person or user group. 10 * Sec. 13. AS 05.25 is amended by adding a new section to read: 11 Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the 12 following fees: 13 (1) motorized boat registration, registration renewal, and transfer of 14 registration, $24 for a three-year period; 15 (2) nonmotorized boat registration, registration renewal, and transfer of 16 registration, $10 for a three-year period; 17 (3) replacement of lost registration, $5; 18 (4) replacement of lost registration validation decals, $5. 19 (b) The Department of Administration shall separately account for fees 20 collected under (a) of this section for boat registration that are deposited in the general 21 fund. The annual estimated balance in that account may be used by the legislature to 22 make appropriations to the department and the Department of Administration to carry 23 out the purposes of this chapter. 24 * Sec. 14. AS 05.25.100 is repealed and reenacted to read: 25 Sec. 05.25.100. Definitions. In this chapter, unless the context requires 26 otherwise, 27 (1) "aids to navigation" means buoys, beacons, or other fixed objects 28 in the water that are used to mark obstructions to navigation or to direct navigation 29 through safe channels; 30 (2) "boat" means watercraft used or capable of being used as a means 31 of transportation on water, except for
01 (A) a ship's lifeboat; 02 (B) a seaplane; 03 (C) an inspected passenger vessel; and 04 (D) a single air mattress, single inner tube, or other water toy; 05 (3) "boat dealer" means a person engaged wholly or in part in the 06 business of selling or offering for sale, buying or taking in trade for the purpose of 07 resale, or exchanging, displaying, demonstrating, or offering for sale three or more 08 boats within 12 consecutive months and who receives or expects to receive money, 09 profit, or any other thing of value; 10 (4) "certificate of number" means the document bearing the 11 identification number issued to a boat by the Department of Administration under this 12 chapter, by a federal agency, or by the state of principal use under a federally 13 approved numbering system; 14 (5) "commissioner" means the commissioner of natural resources; 15 (6) "department" means the Department of Natural Resources; 16 (7) "operate" means to navigate or to be in actual physical control of 17 a boat used or capable of being used as a means of transportation on water of the state; 18 (8) "owner" means a person who has a property interest other than a 19 security interest in a boat and the right of use or possession of the boat; "owner" does 20 not include a lessee unless the lease is intended as security; 21 (9) "ownership" means a property interest other than a security interest; 22 (10) "passenger" means a person on board a boat who is not the master, 23 operator, crew member, or other person engaged in a capacity in the business of the 24 boat; 25 (11) "regulatory marker" means an anchored or fixed marker in or on 26 the water, or sign on the shore or on a bridge over the water, other than aids to 27 navigation; "regulatory marker" includes swimming markers, bathing markers, speed 28 zone markers, identification markers, danger zone markers, boat keep out areas, special 29 anchorage areas, and mooring buoys; 30 (12) "serviceable condition" as applied to personal flotation devices 31 means
01 (A) metal or plastic hardware is not broken, deformed, or 02 weakened by corrosion; 03 (B) webbings or straps are not ripped, torn, or separated from 04 an attachment point; 05 (C) there are no rotted or deteriorated structural components that 06 fail when tugged; 07 (D) there are no rips, tears, or open seams in fabric or coatings 08 that are large enough to allow the loss of buoyant material; 09 (E) buoyant material has not become hardened, nonresilient, 10 permanently compressed, waterlogged, or oil-soaked, and does not show 11 evidence of fungus or mildew; 12 (F) there is no loss of buoyant material or evidence of buoyant 13 material that is not securely held in position; 14 (G) there is a properly armed inflation mechanism, complete 15 with a full inflation medium cartridge and all status indicators showing that the 16 inflation mechanism is properly armed, unless the PFD is worn inflated; 17 (H) inflatable chambers are all capable of holding air; 18 (I) oral inflation tubes are not blocked, detached, or broken; 19 (J) the manual inflation lanyard or lever is not inaccessible, 20 broken, or missing; 21 (K) inflator status indicators are not broken or otherwise non- 22 functional; 23 (13) "undocumented boat" means a boat that does not possess a valid 24 certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 25 12101 - 12123; 26 (14) "validation decal" means a decal that has the state of registration 27 and registration expiration year clearly marked; 28 (15) "water of the state" has the meaning given in the term "navigable 29 water" in AS 38.05.965; "water of the state" also includes the marginal sea adjacent 30 to the state and the high seas within the territorial limits of the state, irrespective of 31 the ownership of the land underlying those waters.
01 * Sec. 15. AS 09.25.120(a) is amended by adding a new paragraph to read: 02 (9) reports submitted under AS 05.25.030 concerning certain collisions, 03 accidents, or other casualties involving boats. 04 * Sec. 16. AS 12.25.190(c) is amended to read: 05 (c) The person cited for the crime shall give a written promise to appear in 06 court by signing at least one copy of the written citation prepared by the peace officer , 07 and the officer shall deliver a copy of the citation to the person. The written promise 08 requirement of this subsection does not apply to boating citations for which a bail 09 schedule has been established under AS 05.25.090(b), motor vehicle and traffic 10 citations for which a bail or fine schedule has been established under AS 28.05.151, 11 fish and game citations for which a bail schedule has been established under 12 AS 16.05.165, citations issued under AS 04.21.065, citations issued under 13 AS 18.35.341, citations issued in state park and recreational facilities under 14 AS 41.21.960, or littering citations issued under AS 46.06.080. 15 * Sec. 17. TRANSITION: REGULATIONS. The Department of Natural Resources and 16 Department of Administration may immediately proceed to adopt regulations to implement 17 their respective provisions of this Act. The regulations take effect under AS 44.62 18 (Administrative Procedure Act), but not before the effective date of secs. 1 - 16 of this Act. 19 * Sec. 18. Section 17 of this Act takes effect immediately under AS 01.10.070(c).