HB 389: "An Act relating to boating safety; and relating to the use, operation, and regulation of boats."
00 HOUSE BILL NO. 389 01 "An Act relating to boating safety; and relating to the use, operation, and regulation of 02 boats." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 05.25.010(d) is amended to read: 05 (d) A boat on water of the state must carry for each person onboard a 06 wearable personal flotation device that is readily accessible. [ONE UNITED 07 STATES COAST GUARD APPROVED TYPE I, TYPE II, OR TYPE III 08 PERSONAL FLOTATION DEVICE IN SERVICEABLE CONDITION FOR EACH 09 PERSON ON BOARD THE BOAT. A TYPE V PERSONAL FLOTATION DEVICE 10 MAY BE CARRIED IN LIEU OF A PERSONAL FLOTATION DEVICE 11 REQUIRED IN THIS SUBSECTION IF THE TYPE V PERSONAL FLOTATION 12 DEVICE IS IN SERVICEABLE CONDITION AND 13 (1) IF THE APPROVAL LABEL ON THE TYPE V PERSONAL 14 FLOTATION DEVICE INDICATES THAT THE DEVICE IS APPROVED FOR
01 THE ACTIVITY IN WHICH THE BOAT IS BEING USED, OR THAT THE 02 DEVICE IS APPROVED AS A SUBSTITUTE FOR A PERSONAL FLOTATION 03 DEVICE OF THE TYPE REQUIRED ON THE BOAT; AND 04 (2) FOR A DEVICE THAT CONTAINS A REFERENCE TO AN 05 OWNER'S MANUAL, IF THE TYPE V PERSONAL FLOTATION DEVICE IS 06 USED IN ACCORDANCE WITH THE REQUIREMENTS IN THE OWNER'S 07 MANUAL.] 08 * Sec. 2. AS 05.25.010(e) is amended to read: 09 (e) In addition to the requirement [REQUIREMENTS] in (d) of this section, 10 a boat that is 16 feet or longer, other than a kayak or canoe, must carry one throwable 11 [TYPE IV] personal flotation device that is readily accessible [CAN BE THROWN 12 AND THAT IS APPROVED BY THE UNITED STATES COAST GUARD]. 13 * Sec. 3. AS 05.25.010(g) is amended to read: 14 (g) The operator of a boat on water of the state may not transport a person 15 under 13 years of age on the deck of a boat or in an open boat unless the person is 16 wearing a wearable [UNITED STATES COAST GUARD APPROVED TYPE I, 17 TYPE II, OR TYPE III] personal flotation device. [A TYPE V PERSONAL 18 FLOTATION DEVICE MAY BE WORN IN LIEU OF A PERSONAL FLOTATION 19 DEVICE REQUIRED IN THIS SUBSECTION IF THE TYPE V PERSONAL 20 FLOTATION DEVICE IS IN SERVICEABLE CONDITION AND 21 (1) IF THE APPROVAL LABEL ON THE TYPE V PERSONAL 22 FLOTATION DEVICE INDICATES THAT THE DEVICE IS APPROVED FOR 23 THE ACTIVITY IN WHICH THE BOAT IS BEING USED, OR THAT THE 24 DEVICE IS APPROVED AS A SUBSTITUTE FOR A PERSONAL FLOTATION 25 DEVICE OF THE TYPE REQUIRED ON THE BOAT; AND 26 (2) FOR A DEVICE THAT CONTAINS A REFERENCE TO AN 27 OWNER'S MANUAL, IF THE TYPE V PERSONAL FLOTATION DEVICE IS 28 USED IN ACCORDANCE WITH THE REQUIREMENTS IN THE OWNER'S 29 MANUAL.] 30 * Sec. 4. AS 05.25.020(b) is amended to read: 31 (b) A person may not operate a boat on water of the state to tow a person
01 under 13 years of age on water skis, a surfboard, or a similar device unless the person 02 being towed is wearing a wearable personal flotation device [UNITED STATES 03 COAST GUARD APPROVED 04 (1) TYPE I, TYPE II, OR TYPE III PERSONAL FLOTATION 05 DEVICE; OR 06 (2) TYPE V PERSONAL FLOTATION DEVICE IF THE TYPE V 07 PERSONAL FLOTATION DEVICE IS IN SERVICEABLE CONDITION AND 08 (A) IF THE APPROVAL LABEL ON THE TYPE V 09 PERSONAL FLOTATION DEVICE INDICATES THAT THE DEVICE IS 10 APPROVED FOR THE ACTIVITY; 11 (B) FOR A DEVICE THAT CONTAINS A REFERENCE TO 12 AN OWNER'S MANUAL, IF THE TYPE V PERSONAL FLOTATION 13 DEVICE IS USED IN ACCORDANCE WITH THE REQUIREMENTS IN 14 THE OWNER'S MANUAL]. 15 * Sec. 5. AS 05.25 is amended by adding a new section to article 1 to read: 16 Sec. 05.25.025. Flotation device requirements. A wearable personal flotation 17 device and a throwable personal flotation device required by this chapter must be 18 (1) approved by the United States Coast Guard; 19 (2) in serviceable condition; 20 (3) if wearable, the proper size for the intended user as marked on the 21 approval label; 22 (4) used only for the activity marked on the approval label; and 23 (5) used in accordance with the approval label and, if the device 24 contains a reference to an owner's manual, the requirements in the owner's manual. 25 * Sec. 6. AS 05.25.030(b) is amended to read: 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, disappearance, 28 or injury of [TO] a person, or damage to property in excess of $2,000 [$500] for each 29 incident, shall file a report with the department [DEPARTMENT OF PUBLIC 30 SAFETY ON OR BEFORE THE 20TH DAY AFTER THE INCIDENT]. The 31 department [DEPARTMENT OF PUBLIC SAFETY] shall prepare a form for the
01 report and make the form available to other agencies and to the public. The operator 02 shall file the report within the period required by the United States Coast Guard 03 under 46 U.S.C. 6102 and regulations adopted under that statute. 04 * Sec. 7. AS 05.25.030(c) is amended to read: 05 (c) In response to a request from an authorized official or agency of the United 06 States, a law enforcement agency, or in compliance with United States Coast Guard 07 regulations, the department [DEPARTMENT OF PUBLIC SAFETY] shall provide 08 statistical information compiled or otherwise available to the department 09 [DEPARTMENT OF PUBLIC SAFETY] from the reports required under (b) of this 10 section. 11 * Sec. 8. AS 05.25.055(h) is amended to read: 12 (h) All records of ownership of boats that are kept by the Department of 13 Administration under this section are public records. The Department of 14 Administration shall provide records of ownership and registration expense reports to 15 the department [DEPARTMENT OF PUBLIC SAFETY] for the purposes of meeting 16 the federal requirements for state programs and implementing this chapter. 17 * Sec. 9. AS 05.25.055(i) is amended to read: 18 (i) The following boats are exempt from the numbering and registration 19 provisions of this section: 20 (1) a boat that 21 (A) is not a barge; 22 (B) is operated in this state for a period not exceeding 90 23 consecutive days; and 24 (C) has a current, valid certificate of number issued by another 25 state having a federally approved numbering system; 26 (2) a foreign boat operated in water of the state for a period not 27 exceeding 90 consecutive days; 28 (3) a military or public boat of the United States, excluding a 29 recreational public boat [OWNED BY THE UNITED STATES OR AN ENTITY 30 OR POLITICAL SUBDIVISION OF THE UNITED STATES, OR A BOAT 31 OWNED BY A STATE OR AN ENTITY OR POLITICAL SUBDIVISION OF A
01 STATE]; 02 (4) a boat owned by the state or political subdivision of the state 03 that is used primarily for a government purpose; 04 (5) a boat that is not equipped with mechanical propulsion; 05 (6) [(5)] a boat with a valid document to operate the boat that is issued 06 by a foreign government; 07 (7) [(6)] a handmade nonmotorized umiaq with a walrus or sealskin 08 covering; 09 (8) [(7)] a boat that 10 (A) is a barge; 11 (B) is operated in this state for a period not exceeding 60 12 consecutive days; and 13 (C) has a current, valid certificate of number issued by another 14 state having a federally approved numbering system. 15 * Sec. 10. AS 05.25.060 is amended by adding new subsections to read: 16 (b) A peace officer may stop a boat operated in violation of this section and 17 may order the operator to take immediate and reasonable steps necessary for the safety 18 of individuals onboard the boat, including directing the operator to return to and 19 remain in mooring until the situation creating the violation is corrected or ended. A 20 peace officer may issue a citation under AS 05.25.080 for any violation of this chapter 21 observed during a stop under this section. 22 (c) A peace officer may issue a citation as provided in AS 12.25.175 - 23 12.25.230 to a person who willfully refuses to obey an order under this section. 24 * Sec. 11. AS 05.25.096(a) is amended to read: 25 (a) Except for boats owned by the state, the [THE] Department of 26 Administration shall assess the following fees: 27 (1) motorized boat registration, registration renewal, and transfer of 28 registration, $24 for a three-year period; 29 (2) nonmotorized boat registration, registration renewal, and transfer of 30 registration, $10 for a three-year period; 31 (3) replacement of lost registration, $5;
01 (4) replacement of lost registration validation decals, $5; 02 (5) barge registration, registration renewal, and transfer of registration, 03 $75 for a three-year period; 04 (6) boat title and duplicate boat title, $20. 05 * Sec. 12. AS 05.25.100(3) is amended to read: 06 (3) "boat" means watercraft used or capable of being used as a means 07 of transportation on water, except for 08 (A) a ship's lifeboat; 09 (B) a seaplane; 10 (C) an inspected passenger vessel; in this subparagraph, 11 "inspected passenger vessel" means a passenger vessel subject to United 12 States Coast Guard inspection that has a valid certificate of inspection 13 issued by the United States under 46 U.S.C. 3309 and regulations adopted 14 under that statute or by a foreign government; and 15 (D) a single air mattress, single inner tube, or other water toy; 16 * Sec. 13. AS 05.25.100(12) is amended to read: 17 (12) "regulatory marker" means an anchored or fixed marker in or on 18 the water, or sign on the shore or on a bridge over the water, used to alert the 19 mariner to various warnings or regulatory matters, including [OTHER THAN 20 AIDS TO NAVIGATION; "REGULATORY MARKER" INCLUDES] swimming 21 markers, bathing markers, speed zone markers, identification markers, danger zone 22 markers, boat keep-out areas, special anchorage areas, and mooring buoys; 23 * Sec. 14. AS 05.25.100(14) is amended to read: 24 (14) "undocumented boat" means a boat that does not possess a valid 25 certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 26 12101 - 12123 or by a foreign government; 27 * Sec. 15. AS 05.25.100 is amended by adding new paragraphs to read: 28 (17) "throwable personal flotation device" means a personal flotation 29 device that 30 (A) is intended to be thrown to a person in the water; and 31 (B) meets the criteria of 46 U.S.C. 3306 and 46 U.S.C. 4302
01 and regulations adopted under those statutes; 02 (18) "wearable personal flotation device" means a personal flotation 03 device that 04 (A) is intended to be worn or otherwise attached to a person's 05 body; and 06 (B) meets the criteria of 46 U.S.C. 3306 and 46 U.S.C. 4302 07 and regulations adopted under those statutes. 08 * Sec. 16. AS 05.25.080(c) is repealed.