00 SENATE BILL NO. 148 01 "An Act relating to mandatory boating safety education; relating to operating a boat; 02 providing for an effective date by repealing the effective dates of secs. 3, 5, 7, 9, 11, 14, 03 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, sec. 3, ch. 119, SLA 2003, sec. 2, ch. 31, SLA 04 2012, and secs. 5 and 8, ch. 111, SLA 2018; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 05.25.053(b) is amended to read: 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 10 MUST 11 (A) DEVELOP EDUCATIONAL MATERIALS RELEVANT 12 TO THE UNIQUE NEEDS OF URBAN AND RURAL BOATERS IN THIS 13 STATE; 14 (B) SUPPORT STATEWIDE BOATING SAFETY 01 TRAINING PROGRAMS; 02 (C) SUPPORT BOATING SAFETY EDUCATION AND 03 TRAINING PROGRAMS FOR CHILDREN AND OTHER HIGH RISK 04 GROUPS; 05 (D) TRAIN, CERTIFY, AND SUPPORT BOATING SAFETY 06 INSTRUCTORS; 07 (E) EVALUATE, ON AN ONGOING BASIS, THE 08 EFFECTIVENESS OF PROGRAMS FUNDED UNDER THIS CHAPTER;] 09 (2) a boating safety advisory council as described in AS 05.25.057; 10 (3) a uniform state waterway marking system; and 11 (4) a boat registration and numbering system through the Department 12 of Administration. 13  * Sec. 2. AS 05.25.053 is amended by adding new subsections to read: 14 (d) When providing for a statewide boating safety education program, the 15 department shall  16 (1) establish, by regulation, a minimum standard of boating safety 17 education that is consistent with National Association of State Boating Law 18 Administrators standards; 19 (2) develop a boating safety course that includes educational materials 20 relevant to the unique needs of urban and rural boaters in this state; 21 (3) develop an examination that will test a boater's knowledge of the 22 minimum standard of boating safety education; 23 (4) allow a boater, instead of taking the boating safety course, to take 24 or provide proof of passing a commercial boating safety course that meets the 25 department's minimum standard of boating safety education; 26 (5) support statewide boating safety training programs and volunteer 27 boating safety education programs; 28 (6) establish fees for administering the statewide boating safety 29 education program; 30 (7) support boating safety education and training programs for children 31 and other high risk groups; 01 (8) train, certify, and support boating safety instructors; 02 (9) promote the availability of insurance discounts for a boater who 03 has completed a boating safety course that is consistent with National Association of 04 State Boating Law Administrators standards. 05 (e) The department shall evaluate, on an ongoing basis, the effectiveness of 06 programs funded under this chapter. 07  * Sec. 3. AS 05.25 is amended by adding a new section to read: 08 Sec. 05.25.054. Boating safety education card; operating a boat. (a) The 09 department shall issue a boating safety education card to a person who 10 (1) is at least 12 years of age; 11 (2) passes 12 (A) the boating safety course and examination developed under 13 AS 05.25.053(d)(2) and (3); or 14 (B) a boating safety course that meets the department's 15 minimum standard of boating safety education, as allowed under 16 AS 05.25.053(d)(4); 17 (3) pays the fee established by the department under 18 AS 05.25.053(d)(6). 19 (b) A person may not operate a boat with an engine of 10 horsepower or more 20 unless 21 (1) the person is carrying proof that the person was born on or before 22 January 1, 2005; 23 (2) the person is carrying the person's boating safety education card on 24 the boat; 25 (3) if the person is under 16 years of age, the person is accompanied by 26 and under the direct supervision of a person 16 years of age or older who is eligible to 27 operate a boat under this subsection; 28 (4) the person is at least 16 years of age, rents the boat, and completes 29 a required dockside safety checklist before operating the boat; 30 (5) the person possesses a current commercial fishing license; 31 (6) the person possesses a valid United States Coast Guard commercial 01 operator's license; 02 (7) the person is a resident of another state and is carrying on the boat 03 a boating safety education card approved by the National Association of State Boating 04 Law Administrators; or 05 (8) the person has in the person's possession a valid Alaska driver's 06 license or Alaska identification card and the license or identification card designates 07 that the person is eligible to operate a boat with an engine of 10 horsepower or more. 08  * Sec. 4. AS 05.25.090(b) is amended to read: 09 (b) A person who violates 10 (1) AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a 11 regulation adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty 12 of a violation as defined in AS 11.81.900 and may be fined up to $500; 13 (2) AS 05.25.054(b) or 05.25.055 [AS 05.25.055] is guilty of a 14 violation as defined in AS 11.81.900 and may be fined up to $50. 15  * Sec. 5. AS 18.65.310 is amended by adding a new subsection to read: 16 (s) At the request of an eligible person born after January 1, 2005, the 17 department shall designate with a symbol placed on the person's identification card 18 that the person is eligible to operate a boat with an engine of 10 horsepower or more. 19 To receive the designation, the person shall provide proof that the person possesses a 20 boating safety education card issued under AS 05.25.054(a), a current commercial 21 fishing license, or a valid United States Coast Guard commercial operator's license. 22 The department may charge a fee of $5 for replacement of a valid identification card 23 with a new identification card that includes a boat operation designation, with the new 24 card retaining the expiration date of the card being replaced. 25  * Sec. 6. AS 28.15.111 is amended by adding a new subsection to read: 26 (g) The department shall provide a method, at the time that a driver's license is 27 issued, by which the owner of a license born after January 1, 2005, may voluntarily 28 designate on the license that the owner is eligible to operate a boat with an engine of 29 10 horsepower or more. The department shall create a symbol to place on the driver's 30 license of a person requesting the designation. To receive the designation, the person 31 shall provide proof that the person possesses a boating safety education card issued 01 under AS 05.25.054(a), a current commercial fishing license, or a valid United States 02 Coast Guard commercial operator's license. The department may charge a fee of $5 for 03 replacement of a valid driver's license with a new license that includes a boat 04 operation designation, with the new license retaining the expiration date of the license 05 being replaced. 06  * Sec. 7. Sections 1(2), 3, 5, 7, 11, 14, and 16, ch. 28, SLA 2000; sec. 9, ch. 28, SLA 2000, 07 as amended by sec. 3, ch. 119, SLA 2003, and sec. 4, ch. 121, SLA 2003; sec. 18, ch. 28, SLA 08 2000, as amended by sec. 8, ch. 29, SLA 2010, and sec. 2, ch. 31, SLA 2012; sec. 20, ch. 28, 09 SLA 2000, as amended by sec. 5, ch. 111, SLA 2018; sec. 23, ch. 28, SLA 2000, as amended 10 by sec. 8, ch. 111, SLA 2018; sec. 26, ch. 28, SLA 2000, as amended by sec. 41, ch. 12, SLA 11 2006, and sec. 24, ch. 29, SLA 2010; and sec. 27, ch. 28, SLA 2000, as amended by sec. 33, 12 ch. 111, SLA 2018, are repealed. 13  * Sec. 8. Section 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, sec. 1, ch. 14 19, SLA 2009, sec. 1, ch. 47, SLA 2010, and sec. 3, ch. 31, SLA 2012; sec. 5, ch. 119, SLA 15 2003; sec. 64, ch. 29, SLA 2010; sec. 4, ch. 31, SLA 2012; and secs. 37 and 38, ch. 111, SLA 16 2018, are repealed. 17  * Sec. 9. This Act takes effect January 1, 2023.