CSHB 301(FIN): "An Act relating to enforcement of boating safety statutes; amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 301(FIN) 01 "An Act relating to enforcement of boating safety statutes; amending the termination 02 date of certain statutes relating to the use, operation, and regulation of boats, a uniform 03 state waterway marking system, and civil liability for boat owners; providing for an 04 effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 05 and 27, ch. 28, SLA 2000, as amended; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 05.25.080 is amended to read: 08 Sec. 05.25.080. Enforcement. (a) The Department of Public Safety has 09 authority for enforcement of this chapter and the regulations adopted under this 10 chapter. Nothing in this chapter authorizes a department or board to enter into an 11 agreement with a department or agency of the federal government that cedes 12 state authority for the management of its waterways to the federal government. 13 (b) A peace officer, other than a person employed by the federal
01 government, may enforce this chapter and, in the exercise of enforcement, may stop 02 and, if the peace officer has probable cause to believe a violation of this chapter has 03 occurred, board watercraft subject to this chapter. A peace officer may issue a citation 04 as provided in AS 12.25.180 [12.25.175 - 12.25.230] to a person who violates a 05 provision of this chapter. 06 (c) A person employed by the Department of Natural Resources, or a person, 07 other than a person employed by the federal government, authorized by the 08 commissioner under AS 41.21.955(a), acting as a peace officer, may enforce this 09 chapter and regulations adopted under this chapter only in units of the state park 10 system. 11 * Sec. 2. AS 05.25.080, as repealed and reenacted by sec. 18, ch. 28, SLA 2000, and as 12 amended by sec. 8, ch. 29, SLA 2010, is amended to read: 13 Sec. 05.25.080. Enforcement. A peace officer, other than a person 14 employed by the federal government, may enforce this chapter and, in the exercise 15 of enforcement, may stop and, if the peace officer has probable cause to believe a 16 violation of this chapter has occurred, board watercraft subject to this chapter. A peace 17 officer may issue a citation as provided in AS 12.25.180 [AS 12.25.175 - 12.25.230] 18 to a person who violates a provision of this chapter. 19 * Sec. 3. Section 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, by sec. 1, 20 ch. 19, SLA 2009, and by sec. 1, ch. 47, SLA 2010, is amended to read: 21 Sec. 30. Sections 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27 of this Act take 22 effect [ON THE EARLIER OF THE FOLLOWING DATES: 23 (1) JULY 1, 2013; OR 24 (2)] 90 days after the date the chair of the Alaska Legislative Council 25 notifies the revisor of statutes that in the previous state fiscal year the state did not 26 receive and does not anticipate receiving federal funding for a statewide boating and 27 safety education program; the director of the division of legislative finance shall notify 28 the chair of the Alaska Legislative Council when the state, in the previous fiscal year, 29 did not receive federal funding for a statewide boating and safety program; the chair of 30 the Alaska Legislative Council may not give the notice described in this section 31 [PARAGRAPH] unless the notice is approved by a vote of a majority of the members
01 of the Alaska Legislative Council. 02 * Sec. 4. Section 2 of this Act takes effect on the date that sec. 18, ch. 28, SLA 2000, as 03 amended by sec. 8, ch. 29, SLA 2010, takes effect under sec. 30, ch. 28, SLA 2000, as 04 amended by sec. 3, ch. 34, SLA 2004, by sec. 1, ch. 19, SLA 2009, by sec. 1, ch. 47, SLA 05 2010, and by sec. 3 of this Act. 06 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect immediately under 07 AS 01.10.070(c).