SCS CSHB 108(FIN): "An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) 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. The uncodified law of the State of Alaska is amended by adding a new 05 section to read: 06 INTENT. It is the intent of the legislature that 07 (1) at least 75 percent of any federal funds generated as a result of this Act 08 be used to fund a statewide boating safety and education program, and that the state program 09 operate in conjunction with the United States Coast Guard Auxiliary boating safety program 10 and other marine education organizations; and 11 (2) any amendment made on or after the effective date of this section and 12 before the date the delayed repeal and reenactment provisions of this Act take effect that is 13 made to existing law affected by the delayed repeal and reenactment provisions of this Act 14 will also be repealed when those provisions take effect.
01 * Sec. 2. AS 05.25.010 is repealed and reenacted to read: 02 Sec. 05.25.010. Safety requirements. (a) Except as otherwise provided by 03 law, a boat placed on the water of the state 04 (1) must be equipped with and use the sound producing devices and 05 visual distress signals of the same number, type, and specifications as required by the 06 United States Coast Guard; 07 (2) that is equipped with a gasoline engine for electrical generation, 08 mechanical power, or mechanical propulsion must also be equipped with the 09 ventilation systems and backfire flame control devices of the same type and 10 specifications as required by the United States Coast Guard; and 11 (3) that is equipped with an engine for electrical generation, mechanical 12 power, or mechanical propulsion must also be equipped with the fire extinguishers of 13 the same number, type, and specifications as required by the United States Coast 14 Guard. 15 (b) The provisions of (a) of this section apply regardless of whether the boat 16 is placed or operated on water of the state subject to federal jurisdiction. 17 (c) During the period of time extending from sunset to sunrise and during 18 periods of restricted visibility, a boat placed on water of the state must display lights 19 of the same number, type, and specifications as required by the United States Coast 20 Guard under 33 U.S.C. 1602 and 33 U.S.C. 2002. 21 (d) A boat on water of the state must carry one United States Coast Guard 22 approved Type I, Type II, or Type III personal flotation device in serviceable condition 23 for each person on board the boat. A Type V personal flotation device may be carried 24 in lieu of a personal flotation device required in this subsection if the Type V personal 25 flotation device is in serviceable condition and 26 (1) if the approval label on the Type V personal flotation device 27 indicates that the device is approved for the activity in which the boat is being used, 28 or that the device is approved as a substitute for a personal flotation device of the type 29 required on the boat; and 30 (2) for a device that contains a reference to an owner's manual, if the 31 Type V personal flotation device is used in accordance with the requirements in the
01 owner's manual. 02 (e) In addition to the requirements in (d) of this section, a boat that is 16 feet 03 or longer, other than a kayak or canoe, must carry one Type IV personal flotation 04 device that can be thrown and that is approved by the United States Coast Guard. 05 (f) A person may not use a flashing or revolving red or blue emergency light 06 on a boat unless the boat is operated by a peace officer or emergency professional in 07 the performance of official duties. 08 (g) The operator of a boat on water of the state may not transport a person 09 under 13 years of age on the deck of a boat or in an open boat unless the person is 10 wearing a United States Coast Guard approved Type I, Type II, or Type III personal 11 flotation device. A Type V personal flotation device may be worn in lieu of a 12 personal flotation device required in this subsection if the Type V personal flotation 13 device is in serviceable condition and 14 (1) if the approval label on the Type V personal flotation device 15 indicates that the device is approved for the activity in which the boat is being used, 16 or that the device is approved as a substitute for a personal flotation device of the type 17 required on the boat; and 18 (2) for a device that contains a reference to an owner's manual, if the 19 Type V personal flotation device is used in accordance with the requirements in the 20 owner's manual. 21 (h) The Department of Public Safety may require, by regulation, that a boat 22 or class of boats carry additional equipment that is necessary for the safety of persons 23 and property. 24 * Sec. 3. AS 05.25.010 is repealed and reenacted to read: 25 Sec. 05.25.010. Safety requirements. (a) A watercraft operated on inland 26 water must carry and exhibit between sunset and sunrise at least one white light to 27 show all around the horizon. 28 (b) A watercraft operated on inland water must carry at least one life 29 preserver, lifebelt, ring buoy, or other device approved by the United States Coast 30 Guard for each person on board, so placed as to be readily accessible. A watercraft 31 carrying passengers for hire must carry, so placed as to be readily accessible, at least
01 one life preserver approved by the United States Coast Guard for passenger-carrying 02 watercraft for each person on board. 03 (c) A motor-driven watercraft operated for hire must carry a fire extinguisher 04 capable of promptly and effectually extinguishing burning gasoline. 05 (d) The operator of a watercraft on the water of the state may not transport a 06 person under 13 years of age on the deck of a watercraft or in an open watercraft 07 unless the person is wearing a United States Coast Guard approved Type I, Type II, 08 or Type III flotation device. In this subsection, "personal flotation device" does not 09 include a life belt or life ring. 10 * Sec. 4. AS 05.25.020 is amended to read: 11 Sec. 05.25.020. Use of boat with water [WATER] skis and surfboards. (a) 12 A person may not operate a boat [WATERCRAFT] on water [THE INLAND 13 WATERS] of the [THIS] state for towing a person on water skis, [OR] a surfboard, 14 or a similar device [DEVICES] unless 15 (1) the boat [WATERCRAFT] is equipped with a rearview mirror in 16 which the person being towed can be viewed ; [,] or 17 (2) there is , in the boat, [WATERCRAFT] a person of 12 years of age 18 or older in addition to the operator [,] in a position to observe the progress of the 19 person being towed. 20 (b) A person may not operate a boat [WATERCRAFT] on [THE] water of the 21 state to tow a person under 13 years of age on water skis, a surfboard, or a similar 22 device unless the person being towed is wearing a United States Coast Guard approved 23 (1) Type I, Type II, or Type III personal flotation device ; or 24 (2) Type V personal flotation device if the Type V personal 25 flotation device is in serviceable condition and 26 (A) if the approval label on the Type V personal flotation 27 device indicates that the device is approved for the activity; 28 (B) for a device that contains a reference to an owner's 29 manual, if the Type V personal flotation device is used in accordance with 30 the requirements in the owner's manual [. IN THIS SUBSECTION, 31 "PERSONAL FLOTATION DEVICE" DOES NOT INCLUDE A LIFE BELT
01 OR LIFE RING]. 02 * Sec. 5. AS 05.25.020 is repealed and reenacted to read: 03 Sec. 05.25.020. Water skis and surfboards. (a) A person may not operate 04 a watercraft on inland water of the state for towing a person on water skis, a surfboard, 05 or similar devices unless 06 (1) the watercraft is equipped with a rearview mirror in which the 07 person being towed can be viewed; or 08 (2) there is in the watercraft a person of 12 years of age or older in 09 addition to the operator in a position to observe the progress of the person being 10 towed. 11 (b) A person may not operate a watercraft on water of the state to tow a 12 person under 13 years of age on water skis, a surfboard, or a similar device unless the 13 person being towed is wearing a United States Coast Guard approved Type I, Type II, 14 or Type III personal flotation device. In this subsection, "personal flotation device" 15 does not include a life belt or life ring. 16 * Sec. 6. AS 05.25.030 is repealed and reenacted to read: 17 Sec. 05.25.030. Boat collisions, accidents, and casualties. (a) The operator 18 of a boat involved in a collision, accident, or casualty shall 19 (1) render assistance as is practicable and necessary to save other 20 persons from danger or to minimize the danger to other persons to the extent that the 21 operator can do so without serious danger to the operator's boat, crew, and passengers; 22 and 23 (2) give the operator's name, address, and identification number of the 24 operator's boat in writing to each person injured in the collision, accident, or casualty 25 and to the owner of property damaged in the collision, accident, or casualty. 26 (b) For the purpose of gathering boating accident statistics, the operator of a 27 boat involved in a collision, accident, or casualty that results in death or injury to a 28 person, or damage to property in excess of $500 for each incident, shall file a report 29 with the Department of Public Safety on or before the 20th day after the incident. The 30 Department of Public Safety shall prepare a form for the report and make the form 31 available to other agencies and to the public.
01 (c) In response to a request from an authorized official or agency of the United 02 States, a law enforcement agency, or in compliance with United States Coast Guard 03 regulations, the Department of Public Safety shall provide statistical information 04 compiled or otherwise available to the Department of Public Safety from the reports 05 required under (b) of this section. 06 * Sec. 7. AS 05.25.030 is repealed and reenacted to read: 07 Sec. 05.25.030. Collisions, accidents, and casualties. (a) The operator of a 08 watercraft involved in a collision, accident, or casualty shall give to other persons 09 affected by the collision, accident, or casualty assistance that is necessary to save them 10 from or minimize any danger caused by the collision, accident, or casualty, and shall 11 give the operator's name, address, and identification of the operator's watercraft in 12 writing to any person injured and to the owner of any property damaged in the 13 collision, accident, or casualty. 14 (b) In the case of collision, accident, or casualty involving a watercraft, the 15 operator of the watercraft, if the collision, accident, or casualty results in death or 16 injury to a person or damage to property in excess of $100, shall file with the 17 department a full description of the collision, accident, or casualty, including 18 information the department, by regulation, requires. 19 * Sec. 8. AS 05.25.040 is amended to read: 20 Sec. 05.25.040. Owner's civil liability. The owner of a boat 21 [WATERCRAFT] is liable for injury or damage caused by the negligent operation of 22 the owner's boat [WATERCRAFT] whether the negligence consists of a violation of 23 a state statute [,] or the failure [NEGLECTING] to exercise [OBSERVE] ordinary 24 care in the operation of the boat [WATERCRAFT] as the rules of the common law 25 require. The owner is not liable, however, unless the boat [WATERCRAFT] is used 26 with the owner's express or implied consent. It is presumed that the boat 27 [WATERCRAFT] is being operated with the knowledge and consent of the owner [,] 28 if , at the time of the injury or damage, it is under the control of the owner's spouse, 29 father, mother, brother, sister, son, daughter, or other member of the owner's immediate 30 family. This chapter does not relieve any other person from a liability that the person 31 would otherwise incur [,] and does not authorize or permit recovery in excess of injury
01 or damage actually incurred. 02 * Sec. 9. AS 05.25.040 is repealed and reenacted to read: 03 Sec. 05.25.040. Owner's civil liability. The owner of a watercraft is liable 04 for injury or damage caused by the negligent operation of the owner's watercraft 05 whether the negligence consists of a violation of a state statute or neglecting to observe 06 ordinary care in the operation of the watercraft as the rules of the common law require. 07 The owner is not liable, however, unless the watercraft is used with the owner's 08 express or implied consent. It is presumed that the watercraft is being operated with 09 the knowledge and consent of the owner if, at the time of the injury or damage, it is 10 under the control of the owner's spouse, father, mother, brother, sister, son, daughter, 11 or other member of the owner's immediate family. This chapter does not relieve any 12 other person from a liability that the person would otherwise incur and does not 13 authorize or permit recovery in excess of injury or damage actually incurred. 14 * Sec. 10. AS 05.25.050 is amended to read: 15 Sec. 05.25.050. Declaration of policy. It is the policy of the [THIS] state to 16 promote safety for persons and property in and connected with the use, operation, and 17 equipment of boats on water of the state [VESSELS IN RECREATIONAL 18 PURSUITS IN INLAND WATERS] and to promote uniformity of laws relating to 19 boat safety [THERETO]. 20 * Sec. 11. AS 05.25.050 is repealed and reenacted to read: 21 Sec. 05.25.050. Declaration of policy. It is the policy of this state to promote 22 safety for persons and property in and connected with the use, operation, and 23 equipment of vessels in recreational pursuits in inland water and to promote uniformity 24 of laws relating thereto. 25 * Sec. 12. AS 05.25 is amended by adding new sections to read: 26 Sec. 05.25.052. Uniform state waterway marking system. The department 27 shall develop and adopt regulations establishing a uniform state waterway marking 28 system for the placement of regulatory markers. The regulations must be compatible 29 with the system of aids to navigation prescribed by the United States Coast Guard. 30 Sec. 05.25.053. Boating safety program. (a) Except as provided in this 31 section, the department shall administer a statewide boating safety program. The
01 program must, to the extent consistent with state law, 02 (1) secure the full benefits available to the state under 46 U.S.C. 13101 03 - 13110; and 04 (2) take additional actions necessary to gain initial and ongoing federal 05 acceptance of the boating safety program and to qualify and apply for federal money 06 under 46 U.S.C. 13102. 07 (b) The department shall cooperate with local, state, and federal agencies, 08 private and public organizations, and individuals to provide for 09 (1) a statewide boating safety education program; the program must 10 (A) develop educational materials relevant to the unique needs 11 of urban and rural boaters in this state; 12 (B) support statewide boating safety training programs; 13 (C) support boating safety education and training programs for 14 children and other high risk groups; 15 (D) train, certify, and support boating safety instructors; 16 (E) evaluate, on an ongoing basis, the effectiveness of programs 17 funded under this chapter; 18 (2) a boating safety advisory council as described in AS 05.25.057; 19 (3) a uniform state waterway marking system; and 20 (4) a boat registration and numbering system through the Department 21 of Administration. 22 (c) The Department of Public Safety shall cooperate with local, state, and 23 federal agencies, private and public organizations, and individuals to provide for 24 (1) a boating collisions, accidents, and casualties reporting system; and 25 (2) boating safety patrol and law enforcement activity. 26 Sec. 05.25.055. Registration and numbering of boats. (a) An 27 undocumented boat placed on water of the state must be registered and numbered as 28 required by this chapter. The Department of Administration shall adopt by regulation 29 a boat registration and numbering system that 30 (1) except as provided in (2) of this subsection, is consistent with the 31 national standard for state numbering systems established by the United States Coast
01 Guard; and 02 (2) uses a size-appropriate decal for a boat that is not equipped with 03 mechanical propulsion, that is exclusively paddled, poled, rowed, or powered by wind, 04 and that is 10 feet or greater in length. 05 (b) In adopting a boat registration system under (a) of this section, the 06 Department of Administration shall authorize agents, including boat dealers, to register 07 boats. 08 (c) A boat dealer shall require a purchaser of a new or used boat sold at retail 09 to complete a registration application and pay the registration fee before the boat 10 leaves the dealer's premises unless the boat is exempt from registration and numbering 11 under this chapter or regulations adopted under this chapter. 12 (d) A person may not operate a boat on water of the state unless a valid 13 certificate of number has been awarded by the Department of Administration to the 14 boat and the identification number and any required validation decals are properly 15 displayed on the boat. 16 (e) The Department of Administration shall authorize agents to accept an 17 application and registration fee for registration, to issue a registration, and to forward 18 the application and registration fee to the Department of Administration. 19 (f) Unless otherwise provided by this chapter, or unless the owner has been 20 awarded a current, valid Alaska certificate of number from the United States Coast 21 Guard, the owner of a boat for which a current certificate of number has been awarded 22 under federal law or a federally approved numbering system of another state shall 23 apply for a certificate of number in this state as required by this chapter if the boat is 24 operated on water of the state for more than 90 consecutive days. If a boat has an 25 existing number, the owner may request that the department issue the same number for 26 purposes of this section, and the department shall comply with the request unless 27 compliance would result in a duplication of numbers. 28 (g) A certificate of number issued under this chapter is valid for three years 29 unless terminated or discontinued earlier as required by this chapter and regulations 30 adopted under this chapter. The certificate expires on the last day of the month at the 31 end of the three-year period. The expiration date shall be indicated on the certificate.
01 (h) All records of ownership of boats that are kept by the Department of 02 Administration under this section are public records. The Department of 03 Administration shall provide records of ownership and registration expense reports to 04 the Department of Public Safety for the purposes of meeting the federal requirements 05 for state programs and implementing this chapter. 06 (i) The following boats are exempt from the numbering and registration 07 provisions of this section: 08 (1) a boat that is operated in this state for a period not exceeding 90 09 consecutive days and that has a current, valid certificate of number issued by another 10 state having a federally approved numbering system; 11 (2) a foreign boat operated in water of the state for a period not 12 exceeding 90 consecutive days; 13 (3) a boat owned by the United States or an entity or political 14 subdivision of the United States, or a boat owned by a state or an entity or political 15 subdivision of a state; 16 (4) a boat that is not equipped with mechanical propulsion, that is 17 exclusively paddled, poled, rowed, or powered by wind, and that is 18 (A) under 10 feet in length; or 19 (B) operated in this state for a period not exceeding 30 days in 20 a calendar year by a person who has not established residency as described 21 under AS 01.10.055; 22 (5) a boat with a valid document to operate the boat that is issued by 23 the United States or a foreign government. 24 Sec. 05.25.057. Alaska Boating Safety Advisory Council established. (a) 25 The Alaska Boating Safety Advisory Council is established in the department. 26 (b) The council consists of seven members appointed by the governor. The 27 governor shall appoint each member on the basis of interest in public affairs, 28 knowledge of boating issues as they relate to both safety and water of the state, and 29 good judgment and ability concerning boating safety. The appointed members shall 30 represent boat owner interests, including owners of boats powered by engines and 31 owners of boats that are paddled, poled, rowed, or powered by wind, shall be residents
01 of the state, and shall be appointed without regard to political affiliation or 02 geographical location of residence. The commissioner is not a member of the council, 03 but shall be ex officio secretary. 04 (c) The purpose of the council is to 05 (1) recommend to the department boating safety educational materials; 06 (2) review and make recommendations on proposed boating regulations; 07 (3) consider regional boating safety needs and promote boating safety 08 education programs throughout the state; and 09 (4) advise the department on state, regional, and national boating issues. 10 (d) The council may not meet more than two times in each calendar year. 11 Members of the council receive no compensation for services on the council, but are 12 entitled to per diem and travel expenses authorized for boards under AS 39.20.180. 13 (e) In this section, "council" means the Alaska Boating Safety Advisory 14 Council. 15 * Sec. 13. AS 05.25.060 is repealed and reenacted to read: 16 Sec. 05.25.060. Prohibited operation. A person may not operate a boat on 17 water of the state 18 (1) for a recreational purpose or another purpose, or tow water skis, a 19 surfboard, or a similar device, in a reckless or negligent manner so as to endanger the 20 life or property of another person; or 21 (2) that is not equipped as required under this chapter and regulations 22 adopted under this chapter. 23 * Sec. 14. AS 05.25.060 is repealed and reenacted to read: 24 Sec. 05.25.060. Prohibited operation. (a) A person may not operate a 25 watercraft, whether for recreational purposes or any other purpose, or manipulate water 26 skis, a surfboard, or a similar device on the water of the state in a reckless or negligent 27 manner so as to endanger the life or property of another person. 28 (b) A person may not operate a watercraft, whether for recreational purposes 29 or any other purpose, in violation of AS 28.35.030 on the water of the state while 30 under the influence of any intoxicating liquor, narcotic drug, barbiturate, or marijuana. 31 * Sec. 15. AS 05.25.070 is amended to read:
01 Sec. 05.25.070. Exemptions. Boats [WATERCRAFT] and persons operating 02 boats [WATERCRAFT] are exempt from this chapter [, EXCEPT AS 05.25.060(b),] 03 when participating in the area set aside for a public regatta, race, marine parade, 04 tournament, or exhibition on inland water; for purposes of this section, "inland 05 water" means water of the state that is not offshore water [WATERS]. 06 * Sec. 16. AS 05.25.070 is repealed and reenacted to read: 07 Sec. 05.25.070. Exemptions. Watercraft and persons operating watercraft are 08 exempt from this chapter, except AS 05.25.060(b), when participating in the area set 09 aside for a public regatta, race, marine parade, tournament, or exhibition on inland 10 water. 11 * Sec. 17. AS 05.25.080 is repealed and reenacted to read: 12 Sec. 05.25.080. Enforcement. (a) The Department of Public Safety has 13 authority for enforcement of this chapter and the regulations adopted under this 14 chapter. 15 (b) A peace officer may enforce this chapter and regulations adopted under this 16 chapter and, in the exercise of enforcement, may stop and, if the peace officer has 17 probable cause to believe a violation of this chapter has occurred, may board a boat 18 subject to this chapter. A peace officer may issue a citation as provided in 19 AS 12.25.180 to a person who violates a provision of this chapter. 20 (c) A person employed by the Department of Natural Resources, or a person 21 authorized by the commissioner under AS 41.21.955(a), acting as a peace officer, may 22 enforce this chapter and regulations adopted under this chapter only in units of the 23 state park system. 24 * Sec. 18. AS 05.25.080 is repealed and reenacted to read: 25 Sec. 05.25.080. Enforcement. A peace officer may enforce this chapter and, 26 in the exercise of enforcement, may stop and board watercraft subject to this chapter. 27 * Sec. 19. AS 05.25.090 is repealed and reenacted to read: 28 Sec. 05.25.090. Penalties. (a) Except as provided in (b) of this section, a 29 person who violates a provision of this chapter or regulations adopted under this 30 chapter is guilty of a class A misdemeanor. 31 (b) A person who violates
01 (1) AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a regulation 02 adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty of a 03 violation as defined in AS 11.81.900 and may be fined up to $500; 04 (2) AS 05.25.055 is guilty of a violation as defined in AS 11.81.900 05 and may be fined up to $50. 06 (c) The supreme court shall establish by order or rule a schedule of bail 07 amounts for violations under (b) of this section that allow the disposition of a citation 08 without a court appearance. 09 * Sec. 20. AS 05.25.090 is repealed and reenacted to read: 10 Sec. 05.25.090. Penalties. (a) Except as provided in (b) of this section, a 11 person who violates a provision of this chapter is guilty of a misdemeanor and is 12 punishable by a fine of not more than $500, or by imprisonment of not more than six 13 months, or by both, for each violation unless that person is convicted of a violation of 14 AS 28.35.030, in which case the sentence shall be in accordance with AS 28.35.030. 15 (b) A person who violates AS 05.25.010(d) or 05.25.020(b) is guilty of a 16 violation, as defined in AS 11.81.900, and may be fined up to $50. 17 * Sec. 21. AS 05.25 is amended by adding new sections to read: 18 Sec. 05.25.095. Regulations. (a) Except as provided in (c) - (e) of this 19 section, the department may adopt regulations regarding requirements for certification 20 of programs on boating safety education. 21 (b) In consultation with the Department of Public Safety, the Department of 22 Administration may adopt regulations to implement this chapter with respect to the 23 numbering, marking, and titling of undocumented boats. 24 (c) Regulations adopted under this chapter may not be less stringent than 25 applicable minimum requirements of regulations governing recreational boat safety of 26 the United States Coast Guard. 27 (d) The department may not adopt a regulation under (a) of this section if, 28 before or during the period for public comment on the proposed regulation provided 29 by AS 44.62.190, the Alaska Boating Safety Advisory Council provides the department 30 with a written objection regarding the regulation, unless the department modifies the 31 proposed regulation to satisfy the objection. The prohibition of this subsection does
01 not apply if modification of the proposed regulation to satisfy the council's objection 02 would result in 03 (1) failure to meet a federal stringency requirement described under (c) 04 of this section; or 05 (2) a regulation that is not consistent with another provision of law. 06 (e) Nothing in this section authorizes the department to prohibit a use of or 07 access to the water of the state by a person or user group. 08 Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the 09 following fees: 10 (1) motorized boat registration, registration renewal, and transfer of 11 registration, $24 for a three-year period; 12 (2) nonmotorized boat registration, registration renewal, and transfer of 13 registration, $10 for a three-year period; 14 (3) replacement of lost registration, $5; 15 (4) replacement of lost registration validation decals, $5. 16 (b) The Department of Administration shall separately account for fees 17 collected under (a) of this section for boat registration that are deposited in the general 18 fund. The annual estimated balance in that account may be used by the legislature to 19 make appropriations to the department and the Department of Administration to carry 20 out the purposes of this chapter. 21 * Sec. 22. AS 05.25.100 is repealed and reenacted to read: 22 Sec. 05.25.100. Definitions. In this chapter, unless the context requires 23 otherwise, 24 (1) "aids to navigation" means buoys, beacons, or other fixed objects 25 in the water that are used to mark obstructions to navigation or to direct navigation 26 through safe channels; 27 (2) "boat" means watercraft used or capable of being used as a means 28 of transportation on water, except for 29 (A) a ship's lifeboat; 30 (B) a seaplane; 31 (C) an inspected passenger vessel; and
01 (D) a single air mattress, single inner tube, or other water toy; 02 (3) "boat dealer" means a person engaged wholly or in part in the 03 business of selling or offering for sale, buying or taking in trade for the purpose of 04 resale, or exchanging, displaying, demonstrating, or offering for sale three or more 05 boats within 12 consecutive months and who receives or expects to receive money, 06 profit, or any other thing of value; 07 (4) "certificate of number" means the document bearing the 08 identification number issued to a boat by the Department of Administration under this 09 chapter, by a federal agency, or by the state of principal use under a federally 10 approved numbering system; 11 (5) "commissioner" means the commissioner of natural resources; 12 (6) "department" means the Department of Natural Resources; 13 (7) "operate" means to navigate or to be in actual physical control of 14 a boat used or capable of being used as a means of transportation on water of the state; 15 (8) "owner" means a person who has a property interest other than a 16 security interest in a boat and the right of use or possession of the boat; "owner" does 17 not include a lessee unless the lease is intended as security; 18 (9) "ownership" means a property interest other than a security interest; 19 (10) "passenger" means a person on board a boat who is not the master, 20 operator, crew member, or other person engaged in a capacity in the business of the 21 boat; 22 (11) "regulatory marker" means an anchored or fixed marker in or on 23 the water, or sign on the shore or on a bridge over the water, other than aids to 24 navigation; "regulatory marker" includes swimming markers, bathing markers, speed 25 zone markers, identification markers, danger zone markers, boat keep out areas, special 26 anchorage areas, and mooring buoys; 27 (12) "serviceable condition" as applied to personal flotation devices 28 means 29 (A) metal or plastic hardware is not broken, deformed, or 30 weakened by corrosion; 31 (B) webbings or straps are not ripped, torn, or separated from
01 an attachment point; 02 (C) there are no rotted or deteriorated structural components that 03 fail when tugged; 04 (D) there are no rips, tears, or open seams in fabric or coatings 05 that are large enough to allow the loss of buoyant material; 06 (E) buoyant material has not become hardened, nonresilient, 07 permanently compressed, waterlogged, or oil-soaked, and does not show 08 evidence of fungus or mildew; 09 (F) there is no loss of buoyant material or evidence of buoyant 10 material that is not securely held in position; 11 (G) there is a properly armed inflation mechanism, complete 12 with a full inflation medium cartridge and all status indicators showing that the 13 inflation mechanism is properly armed, unless the PFD is worn inflated; 14 (H) inflatable chambers are all capable of holding air; 15 (I) oral inflation tubes are not blocked, detached, or broken; 16 (J) the manual inflation lanyard or lever is not inaccessible, 17 broken, or missing; 18 (K) inflator status indicators are not broken or otherwise non- 19 functional; 20 (13) "undocumented boat" means a boat that does not possess a valid 21 certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 22 12101 - 12123; 23 (14) "validation decal" means a decal that has the state of registration 24 and registration expiration year clearly marked; 25 (15) "water of the state" has the meaning given in the term "navigable 26 water" in AS 38.05.965; "water of the state" also includes the marginal sea adjacent 27 to the state and the high seas within the territorial limits of the state, irrespective of 28 the ownership of the land underlying those waters. 29 * Sec. 23. AS 05.25.100 is repealed and reenacted to read: 30 Sec. 05.25.100. Definitions. In this chapter, unless the context otherwise 31 requires,
01 (1) "department" means the Department of Public Safety; 02 (2) "operate" means to navigate or otherwise use a watercraft for 03 recreational purposes as opposed to business, subsistence, or commercial purposes; 04 (3) "watercraft" means every description of vessel, other than a 05 seaplane on the water, used or capable of being used as a means of transportation on 06 water and devoted to recreational pursuits unless otherwise expressly provided in this 07 chapter; and excepting vessels having a valid marine document issued by the United 08 States or foreign governments; 09 (4) "water of the state" means all water, fresh or salt, inland or coastal, 10 within the territorial limits or under the jurisdiction of the state. 11 * Sec. 24. AS 09.25.120(a) is amended by adding a new paragraph to read: 12 (9) reports submitted under AS 05.25.030 concerning certain collisions, 13 accidents, or other casualties involving boats. 14 * Sec. 25. AS 12.25.190(c) is amended to read: 15 (c) The person cited for the crime shall give a written promise to appear in 16 court by signing at least one copy of the written citation prepared by the peace officer , 17 and the officer shall deliver a copy of the citation to the person. The written promise 18 requirement of this subsection does not apply to boating citations for which a bail 19 schedule has been established under AS 05.25.090(b), motor vehicle and traffic 20 citations for which a bail or fine schedule has been established under AS 28.05.151, 21 fish and game citations for which a bail schedule has been established under 22 AS 16.05.165, citations issued under AS 04.21.065, citations issued under 23 AS 18.35.341, citations issued in state park and recreational facilities under 24 AS 41.21.960, or littering citations issued under AS 46.06.080. 25 * Sec. 26. AS 12.25.190(c) is repealed and reenacted to read: 26 (c) The person cited for the crime shall give a written promise to appear in 27 court by signing at least one copy of the written citation prepared by the peace officer, 28 and the officer shall deliver a copy of the citation to the person. The written promise 29 requirement of this subsection does not apply to motor vehicle and traffic citations for 30 which a bail or fine schedule has been established under AS 28.05.151, fish and game 31 citations for which a bail schedule has been established under AS 16.05.165, citations
01 issued under AS 04.21.065, citations issued under AS 18.35.341, citations issued in 02 state park and recreational facilities under AS 41.21.960, or littering citations issued 03 under AS 46.06.080. 04 * Sec. 27. AS 05.25.052, 05.25.053, 05.25.055, 05.25.057, 05.25.095, 05.25.096, and 05 AS 09.25.120(a)(9) are repealed. 06 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 TRANSITION: REGULATIONS. The Department of Natural Resources, Department 09 of Public Safety, and Department of Administration may immediately proceed to adopt 10 regulations to implement their respective provisions of this Act. The regulations take effect 11 under AS 44.62 (Administrative Procedure Act), but not before the effective date of secs. 1, 12 2, 4, 6, 8, 10, 12, 13, 15, 17, 19, 21 - 22, 24, and 25 of this Act. 13 * Sec. 29. Section 28 of this Act takes effect immediately under AS 01.10.070(c). 14 * Sec. 30. Sections 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27 of this Act take effect on 15 the earlier of the following dates: 16 (1) July 1, 2005; or 17 (2) 90 days after the date the chair of the Alaska Legislative Council notifies 18 the revisor of statutes that in the previous state fiscal year the state did not receive and does 19 not anticipate receiving federal funding for a statewide boating and safety education program; 20 the director of the division of legislative finance shall notify the chair of the Alaska 21 Legislative Council when the state, in the previous fiscal year, did not receive federal funding 22 for a statewide boating and safety program; the chair of the Alaska Legislative Council may 23 not give the notice described in this paragraph unless the notice is approved by a vote of a 24 majority of the members of the Alaska Legislative Council.