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."
00CS 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that is 13 made to existing law affected by the delayed repeal and reenactment provisions of this Act 14 will also be repealed when those provisions take effect.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 AS 05.25.010 is repealed and reenacted to read: 02 Sec. 05.25.010.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 may require, by regulation, that a boat or class of boats 22 carry additional equipment that is necessary for the safety of persons and property. 23 * Sec. 3. AS 05.25.010 is repealed and reenacted to read: 24 Sec. 05.25.010. Safety requirements. (a) A watercraft operated on inland 25 water must carry and exhibit between sunset and sunrise at least one white light to 26 show all around the horizon. 27 (b) A watercraft operated on inland water must carry at least one life 28 preserver, lifebelt, ring buoy, or other device approved by the United States Coast 29 Guard for each person on board, so placed as to be readily accessible. A watercraft 30 carrying passengers for hire must carry, so placed as to be readily accessible, at least 31 one life preserver approved by the United States Coast Guard for passenger-carrying
01 watercraft for each person on board. 02 (c) A motor-driven watercraft operated for hire must carry a fire extinguisher 03 capable of promptly and effectually extinguishing burning gasoline. 04 (d) The operator of a watercraft on the water of the state may not transport a 05 person under 13 years of age on the deck of a watercraft or in an open watercraft 06 unless the person is wearing a United States Coast Guard approved Type I, Type II, 07 or Type III flotation device. In this subsection, "personal flotation device" does not 08 include a life belt or life ring. 09 * Sec. 4. AS 05.25.020 is amended to read: 10 Sec. 05.25.020. Use of boat with water [WATER] skis and surfboards. (a) 11 A person may not operate a boat [WATERCRAFT] on water [THE INLAND 12 WATERS] of the [THIS] state for towing a person on water skis, [OR] a surfboard, 13 or a similar device [DEVICES] unless 14 (1) the boat [WATERCRAFT] is equipped with a rearview mirror in 15 which the person being towed can be viewed ; [,] or 16 (2) there is , in the boat, [WATERCRAFT] a person of 12 years of age 17 or older in addition to the operator [,] in a position to observe the progress of the 18 person being towed. 19 (b) A person may not operate a boat [WATERCRAFT] on [THE] water of the 20 state to tow a person under 13 years of age on water skis, a surfboard, or a similar 21 device unless the person being towed is wearing a United States Coast Guard approved 22 (1) Type I, Type II, or Type III personal flotation device ; or 23 (2) Type V personal flotation device if the Type V personal 24 flotation device is in serviceable condition and 25 (A) if the approval label on the Type V personal flotation 26 device indicates that the device is approved for the activity; 27 (B) for a device that contains a reference to an owner's 28 manual, if the Type V personal flotation device is used in accordance with 29 the requirements in the owner's manual [. IN THIS SUBSECTION, 30 "PERSONAL FLOTATION DEVICE" DOES NOT INCLUDE A LIFE BELT 31 OR LIFE RING].
01 * Sec. 5. AS 05.25.020 is repealed and reenacted to read: 02 Sec. 05.25.020. Water skis and surfboards. (a) A person may not operate 03 a watercraft on inland water of the state for towing a person on water skis, a surfboard, 04 or similar devices unless 05 (1) the watercraft is equipped with a rearview mirror in which the 06 person being towed can be viewed; or 07 (2) there is in the watercraft a person of 12 years of age or older in 08 addition to the operator in a position to observe the progress of the person being 09 towed. 10 (b) A person may not operate a watercraft on water of the state to tow a 11 person under 13 years of age on water skis, a surfboard, or a similar device unless the 12 person being towed is wearing a United States Coast Guard approved Type I, Type II, 13 or Type III personal flotation device. In this subsection, "personal flotation device" 14 does not include a life belt or life ring. 15 * Sec. 6. AS 05.25.030 is repealed and reenacted to read: 16 Sec. 05.25.030. Boat collisions, accidents, and casualties. (a) The operator 17 of a boat involved in a collision, accident, or casualty shall 18 (1) render assistance as is practicable and necessary to save other 19 persons from danger or to minimize the danger to other persons to the extent that the 20 operator can do so without serious danger to the operator's boat, crew, and passengers; 21 and 22 (2) give the operator's name, address, and identification number of the 23 operator's boat in writing to each person injured in the collision, accident, or casualty 24 and to the owner of property damaged in the collision, accident, or casualty. 25 (b) For the purpose of gathering boating accident statistics, the operator of a 26 boat involved in a collision, accident, or casualty that results in death or injury to a 27 person, or damage to property in excess of $500 for each incident, shall file a report 28 with the department on or before the 20th day after the incident. The department shall 29 prepare a form for the report and make the form available to other agencies and to the 30 public. 31 (c) In response to a request from an authorized official or agency of the United
01 States, a law enforcement agency, or in compliance with United States Coast Guard 02 regulations, the department shall provide statistical information compiled or otherwise 03 available to the department from the reports required under (b) of this section. 04 * Sec. 7. AS 05.25.030 is repealed and reenacted to read: 05 Sec. 05.25.030. Collisions, accidents, and casualties. (a) The operator of a 06 watercraft involved in a collision, accident, or casualty shall give to other persons 07 affected by the collision, accident, or casualty assistance that is necessary to save them 08 from or minimize any danger caused by the collision, accident, or casualty, and shall 09 give the operator's name, address, and identification of the operator's watercraft in 10 writing to any person injured and to the owner of any property damaged in the 11 collision, accident, or casualty. 12 (b) In the case of collision, accident, or casualty involving a watercraft, the 13 operator of the watercraft, if the collision, accident, or casualty results in death or 14 injury to a person or damage to property in excess of $100, shall file with the 15 department a full description of the collision, accident, or casualty, including 16 information the department, by regulation, requires. 17 * Sec. 8. AS 05.25.040 is amended to read: 18 Sec. 05.25.040. Owner's civil liability. The owner of a boat 19 [WATERCRAFT] is liable for injury or damage caused by the negligent operation of 20 the owner's boat [WATERCRAFT] whether the negligence consists of a violation of 21 a state statute [,] or the failure [NEGLECTING] to exercise [OBSERVE] ordinary 22 care in the operation of the boat [WATERCRAFT] as the rules of the common law 23 require. The owner is not liable, however, unless the boat [WATERCRAFT] is used 24 with the owner's express or implied consent. It is presumed that the boat 25 [WATERCRAFT] is being operated with the knowledge and consent of the owner [,] 26 if , at the time of the injury or damage, it is under the control of the owner's spouse, 27 father, mother, brother, sister, son, daughter, or other member of the owner's immediate 28 family. This chapter does not relieve any other person from a liability that the person 29 would otherwise incur [,] and does not authorize or permit recovery in excess of injury 30 or damage actually incurred. 31 * Sec. 9. AS 05.25.040 is repealed and reenacted to read:
01 Sec. 05.25.040. Owner's civil liability. The owner of a watercraft is liable 02 for injury or damage caused by the negligent operation of the owner's watercraft 03 whether the negligence consists of a violation of a state statute or neglecting to observe 04 ordinary care in the operation of the watercraft as the rules of the common law require. 05 The owner is not liable, however, unless the watercraft is used with the owner's 06 express or implied consent. It is presumed that the watercraft is being operated with 07 the knowledge and consent of the owner if, at the time of the injury or damage, it is 08 under the control of the owner's spouse, father, mother, brother, sister, son, daughter, 09 or other member of the owner's immediate family. This chapter does not relieve any 10 other person from a liability that the person would otherwise incur and does not 11 authorize or permit recovery in excess of injury or damage actually incurred. 12 * Sec. 10. AS 05.25.050 is amended to read: 13 Sec. 05.25.050. Declaration of policy. It is the policy of the [THIS] state to 14 promote safety for persons and property in and connected with the use, operation, and 15 equipment of boats on water of the state [VESSELS IN RECREATIONAL 16 PURSUITS IN INLAND WATERS] and to promote uniformity of laws relating to 17 boat safety [THERETO]. 18 * Sec. 11. AS 05.25.050 is repealed and reenacted to read: 19 Sec. 05.25.050. Declaration of policy. It is the policy of this state to promote 20 safety for persons and property in and connected with the use, operation, and 21 equipment of vessels in recreational pursuits in inland water and to promote uniformity 22 of laws relating thereto. 23 * Sec. 12. AS 05.25 is amended by adding new sections to read: 24 Sec. 05.25.052. Uniform state waterway marking system. The department 25 shall develop and adopt regulations establishing a uniform state waterway marking 26 system for the placement of regulatory markers. The regulations must be compatible 27 with the system of aids to navigation prescribed by the United States Coast Guard. 28 Sec. 05.25.053. Boating safety program. (a) The department shall administer 29 a statewide boating safety program. The program must, to the extent consistent with 30 state law, 31 (1) secure the full benefits available to the state under 46 U.S.C. 13101
01 - 13110 (Federal Boat Safety Act of 1971); and 02 (2) take additional actions necessary to gain initial and ongoing federal 03 acceptance of the boating safety program and to qualify and apply for federal money 04 under 46 U.S.C. 13102. 05 (b) The department shall cooperate with local, state, and federal agencies, 06 private and public organizations, and individuals to provide for 07 (1) a statewide boating safety education program; the program must 08 (A) develop educational materials relevant to the unique needs 09 of urban and rural boaters in this state; 10 (B) support statewide boating safety training programs; 11 (C) support boating safety education and training programs for 12 children and other high risk groups; 13 (D) train, certify, and support boating safety instructors; 14 (E) evaluate, on an ongoing basis, the effectiveness of programs 15 funded under this chapter; 16 (2) a boat registration and numbering system through the Department 17 of Administration; 18 (3) a boating collisions, accidents, and casualties reporting system; 19 (4) boating access; 20 (5) boating safety patrol and law enforcement activity; 21 (6) a uniform state waterway marking system; and 22 (7) a boating safety advisory council as described in AS 05.25.057. 23 Sec. 05.25.055. Registration and numbering of boats. (a) An 24 undocumented boat placed on water of the state must be registered and numbered as 25 required by this chapter. The Department of Administration shall adopt by regulation 26 a boat registration and numbering system that 27 (1) except as provided in (2) of this subsection, is consistent with the 28 national standard for state numbering systems established by the United States Coast 29 Guard; and 30 (2) uses a size-appropriate decal for a boat that is not equipped with 31 mechanical propulsion, that is exclusively paddled, poled, rowed, or powered by wind,
01 and that is 10 feet or greater in length. 02 (b) In adopting a boat registration system under (a) of this section, the 03 Department of Administration shall authorize agents, including boat dealers, to register 04 boats. 05 (c) A boat dealer shall require a purchaser of a new or used boat sold at retail 06 to complete a registration application and pay the registration fee before the boat 07 leaves the dealer's premises unless the boat is exempt from registration and numbering 08 under this chapter or regulations adopted under this chapter. 09 (d) A person may not operate a boat on water of the state unless a valid 10 certificate of number has been awarded by the Department of Administration to the 11 boat and the identification number and any required validation decals are properly 12 displayed on the boat. 13 (e) The Department of Administration shall authorize agents to accept an 14 application and registration fee for registration, to issue a registration, and to forward 15 the application and registration fee to the Department of Administration. 16 (f) Unless otherwise provided by this chapter, or unless the owner has been 17 awarded a current, valid Alaska certificate of number from the United States Coast 18 Guard, the owner of a boat for which a current certificate of number has been awarded 19 under federal law or a federally approved numbering system of another state shall 20 apply for a certificate of number in this state as required by this chapter if the boat is 21 operated on water of the state for more than 90 consecutive days. If a boat has an 22 existing number, the owner may request that the department issue the same number for 23 purposes of this section, and the department shall comply with the request unless 24 compliance would result in a duplication of numbers. 25 (g) A certificate of number issued under this chapter is valid for three years 26 unless terminated or discontinued earlier as required by this chapter and regulations 27 adopted under this chapter. The certificate expires on the last day of the month at the 28 end of the three-year period. The expiration date shall be indicated on the certificate. 29 (h) All records of ownership of boats that are kept by the Department of 30 Administration under this section are public records. The Department of 31 Administration shall provide records of ownership and registration expense reports to
01 the Department of Natural Resources for the purposes of meeting the federal 02 requirements for state programs and implementing this chapter. 03 (i) The following boats are exempt from the numbering and registration 04 provisions of this section: 05 (1) a boat that is operated in this state for a period not exceeding 90 06 consecutive days and that has a current, valid certificate of number issued by another 07 state having a federally approved numbering system; 08 (2) a foreign boat operated in water of the state for a period not 09 exceeding 90 consecutive days; 10 (3) a boat owned by the United States or an entity or political 11 subdivision of the United States, or a boat owned by a state or an entity or political 12 subdivision of a state; 13 (4) a boat that is not equipped with mechanical propulsion, that is 14 exclusively paddled, poled, rowed, or powered by wind, and that is 15 (A) under 10 feet in length; or 16 (B) operated in this state for a period not exceeding 90 days in 17 a calendar year by a person who has not established residency as described 18 under AS 01.10.055; 19 (5) a boat with a valid document to operate the boat that is issued by 20 the United States or a foreign government. 21 Sec. 05.25.057. Alaska Boating Safety Advisory Council established. (a) 22 The Alaska Boating Safety Advisory Council is established in the department. 23 (b) The council consists of seven members appointed by the governor. The 24 governor shall appoint each member on the basis of interest in public affairs, 25 knowledge of boating issues as they relate to both safety and water of the state, and 26 good judgment and ability concerning boating safety. At least four members of the 27 council shall represent boat owner interests, including owners of boats powered by 28 engines and owners of boats that are paddled, poled, rowed, or powered by wind. The 29 appointed members shall be residents of the state and shall be appointed without regard 30 to political affiliation or geographical location of residence. The commissioner is not 31 a member of the council, but shall be ex officio secretary.
01 (c) The purpose of the council is to 02 (1) recommend to the department boating safety educational materials; 03 (2) review and make recommendations to the department on proposed 04 regulations; 05 (3) consider regional boating safety needs and promote boating safety 06 education programs throughout the state; and 07 (4) advise the department on state, regional, and national boating issues. 08 (d) The council may not meet more than two times in each calendar year. 09 Members of the council receive no compensation for services on the council, but are 10 entitled to per diem and travel expenses authorized for boards under AS 39.20.180. 11 (e) In this section, "council" means the Alaska Boating Safety Advisory 12 Council. 13 * Sec. 13. 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. 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 peace officer may enforce this chapter and 13 regulations adopted under this chapter and in the exercise of enforcement may stop 14 and, if the peace officer has probable cause to believe a violation of this chapter has 15 occurred, may board a boat subject to this chapter. A peace officer may issue a 16 citation as provided in AS 12.25.180 to a person who violates a provision of this 17 chapter. 18 * Sec. 18. AS 05.25.080 is repealed and reenacted to read: 19 Sec. 05.25.080. Enforcement. A peace officer may enforce this chapter and, 20 in the exercise of enforcement, may stop and board watercraft subject to this chapter. 21 * Sec. 19. AS 05.25.090 is repealed and reenacted to read: 22 Sec. 05.25.090. Penalties. (a) Except as provided in (b) of this section, a 23 person who violates a provision of this chapter or regulations adopted under this 24 chapter is guilty of a class A misdemeanor. 25 (b) A person who violates AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.055, 26 05.25.060(2) or (3), or a regulation adopted under this chapter relating to AS 05.25.010 27 or 05.25.020 is guilty of a violation as defined in AS 11.81.900 and may be fined up 28 to $500. The supreme court shall establish by order or rule a schedule of bail amounts 29 for violations under this subsection that allow the disposition of a citation without a 30 court appearance. 31 * Sec. 20. AS 05.25.090 is repealed and reenacted to read:
01 Sec. 05.25.090. Penalties. (a) Except as provided in (b) of this section, a 02 person who violates a provision of this chapter is guilty of a misdemeanor and is 03 punishable by a fine of not more than $500, or by imprisonment of not more than six 04 months, or by both, for each violation unless that person is convicted of a violation of 05 AS 28.35.030, in which case the sentence shall be in accordance with AS 28.35.030. 06 (b) A person who violates AS 05.25.010(d) or 05.25.020(b) is guilty of a 07 violation, as defined in AS 11.81.900, and may be fined up to $50. 08 * Sec. 21. AS 05.25 is amended by adding new sections to read: 09 Sec. 05.25.095. Regulations. (a) Except as provided in (c) - (e) of this 10 section, the department may adopt regulations to implement this chapter, including 11 regulations regarding 12 (1) boat and associated safety equipment requirements, including 13 additional equipment as described in AS 05.25.010; 14 (2) uniform waterway markers; 15 (3) boat operation and safety requirements; and 16 (4) requirements for certification of programs on boating safety 17 education. 18 (b) In consultation with the department, the Department of Administration may 19 adopt regulations to implement this chapter with respect to the numbering, marking, 20 and titling of undocumented boats. 21 (c) Regulations adopted under this chapter may not be less stringent than 22 applicable minimum requirements of regulations governing recreational boat safety of 23 the United States Coast Guard. 24 (d) The department may not adopt a regulation under this section regarding 25 boating safety if, before or during the period for public comment on the proposed 26 regulation provided by AS 44.62.190, the Alaska Boating Safety Advisory Council 27 provides the department with a written objection regarding the regulation, unless the 28 department modifies the proposed regulation to satisfy the objection. The prohibition 29 of this subsection does not apply if modification of the proposed regulation to satisfy 30 the council's objection would result in 31 (1) failure to meet a federal stringency requirement described under (c)
01 of this section; or 02 (2) a regulation that is not consistent with another provision of law. 03 (e) Nothing in this section authorizes the department to prohibit a use of or 04 access to the water of the state by a person or user group. 05 Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the 06 following fees: 07 (1) motorized boat registration, registration renewal, and transfer of 08 registration, $24 for a three-year period; 09 (2) nonmotorized boat registration, registration renewal, and transfer of 10 registration, $10 for a three-year period; 11 (3) replacement of lost registration, $5; 12 (4) replacement of lost registration validation decals, $5. 13 (b) The Department of Administration shall separately account for fees 14 collected under (a) of this section for boat registration that are deposited in the general 15 fund. The annual estimated balance in that account may be used by the legislature to 16 make appropriations to the department and the Department of Administration to carry 17 out the purposes of this chapter. 18 * Sec. 22. AS 05.25.100 is repealed and reenacted to read: 19 Sec. 05.25.100. Definitions. In this chapter, unless the context requires 20 otherwise, 21 (1) "aids to navigation" means buoys, beacons, or other fixed objects 22 in the water that are used to mark obstructions to navigation or to direct navigation 23 through safe channels; 24 (2) "boat" means watercraft used or capable of being used as a means 25 of transportation on water, except for 26 (A) a ship's lifeboat; 27 (B) a seaplane; 28 (C) an inspected passenger vessel; and 29 (D) a single air mattress, single inner tube, or other water toy; 30 (3) "boat dealer" means a person engaged wholly or in part in the 31 business of selling or offering for sale, buying or taking in trade for the purpose of
01 resale, or exchanging, displaying, demonstrating, or offering for sale three or more 02 boats within 12 consecutive months and who receives or expects to receive money, 03 profit, or any other thing of value; 04 (4) "certificate of number" means the document bearing the 05 identification number issued to a boat by the Department of Administration under this 06 chapter, by a federal agency, or by the state of principal use under a federally 07 approved numbering system; 08 (5) "commissioner" means the commissioner of natural resources; 09 (6) "department" means the Department of Natural Resources; 10 (7) "operate" means to navigate or to be in actual physical control of 11 a boat used or capable of being used as a means of transportation on water of the state; 12 (8) "owner" means a person who has a property interest other than a 13 security interest in a boat and the right of use or possession of the boat; "owner" does 14 not include a lessee unless the lease is intended as security; 15 (9) "ownership" means a property interest other than a security interest; 16 (10) "passenger" means a person on board a boat who is not the master, 17 operator, crew member, or other person engaged in a capacity in the business of the 18 boat; 19 (11) "regulatory marker" means an anchored or fixed marker in or on 20 the water, or sign on the shore or on a bridge over the water, other than aids to 21 navigation; "regulatory marker" includes swimming markers, bathing markers, speed 22 zone markers, identification markers, danger zone markers, boat keep out areas, special 23 anchorage areas, and mooring buoys; 24 (12) "serviceable condition" as applied to personal flotation devices 25 means 26 (A) metal or plastic hardware is not broken, deformed, or 27 weakened by corrosion; 28 (B) webbings or straps are not ripped, torn, or separated from 29 an attachment point; 30 (C) there are no rotted or deteriorated structural components that 31 fail when tugged;
01 (D) there are no rips, tears, or open seams in fabric or coatings 02 that are large enough to allow the loss of buoyant material; 03 (E) buoyant material has not become hardened, nonresilient, 04 permanently compressed, waterlogged, or oil-soaked, and does not show 05 evidence of fungus or mildew; 06 (F) there is no loss of buoyant material or evidence of buoyant 07 material that is not securely held in position; 08 (G) there is a properly armed inflation mechanism, complete 09 with a full inflation medium cartridge and all status indicators showing that the 10 inflation mechanism is properly armed, unless the PFD is worn inflated; 11 (H) inflatable chambers are all capable of holding air; 12 (I) oral inflation tubes are not blocked, detached, or broken; 13 (J) the manual inflation lanyard or lever is not inaccessible, 14 broken, or missing; 15 (K) inflator status indicators are not broken or otherwise non- 16 functional; 17 (13) "undocumented boat" means a boat that does not possess a valid 18 certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 19 12101 - 12123; 20 (14) "validation decal" means a decal that has the state of registration 21 and registration expiration year clearly marked; 22 (15) "water of the state" has the meaning given in the term "navigable 23 water" in AS 38.05.965; "water of the state" also includes the marginal sea adjacent 24 to the state and the high seas within the territorial limits of the state, irrespective of 25 the ownership of the land underlying those waters. 26 * Sec. 23. AS 05.25.100 is repealed and reenacted to read: 27 Sec. 05.25.100. Definitions. In this chapter, unless the context otherwise 28 requires, 29 (1) "department" means the Department of Public Safety; 30 (2) "operate" means to navigate or otherwise use a watercraft for 31 recreational purposes as opposed to business, subsistence, or commercial purposes;
01 (3) "watercraft" means every description of vessel, other than a 02 seaplane on the water, used or capable of being used as a means of transportation on 03 water and devoted to recreational pursuits unless otherwise expressly provided in this 04 chapter; and excepting vessels having a valid marine document issued by the United 05 States or foreign governments; 06 (4) "water of the state" means all water, fresh or salt, inland or coastal, 07 within the territorial limits or under the jurisdiction of the state. 08 * Sec. 24. AS 09.25.120(a) is amended by adding a new paragraph to read: 09 (9) reports submitted under AS 05.25.030 concerning certain collisions, 10 accidents, or other casualties involving boats. 11 * Sec. 25. AS 12.25.190(c) is amended to read: 12 (c) The person cited for the crime shall give a written promise to appear in 13 court by signing at least one copy of the written citation prepared by the peace officer , 14 and the officer shall deliver a copy of the citation to the person. The written promise 15 requirement of this subsection does not apply to boating citations for which a bail 16 schedule has been established under AS 05.25.090(b), motor vehicle and traffic 17 citations for which a bail or fine schedule has been established under AS 28.05.151, 18 fish and game citations for which a bail schedule has been established under 19 AS 16.05.165, citations issued under AS 04.21.065, citations issued under 20 AS 18.35.341, citations issued in state park and recreational facilities under 21 AS 41.21.960, or littering citations issued under AS 46.06.080. 22 * Sec. 26. AS 12.25.190(c) is repealed and reenacted to read: 23 (c) The person cited for the crime shall give a written promise to appear in 24 court by signing at least one copy of the written citation prepared by the peace officer, 25 and the officer shall deliver a copy of the citation to the person. The written promise 26 requirement of this subsection does not apply to motor vehicle and traffic citations for 27 which a bail or fine schedule has been established under AS 28.05.151, fish and game 28 citations for which a bail schedule has been established under AS 16.05.165, citations 29 issued under AS 04.21.065, citations issued under AS 18.35.341, citations issued in 30 state park and recreational facilities under AS 41.21.960, or littering citations issued 31 under AS 46.06.080.
01 * Sec. 27. AS 05.25.052, 05.25.053, 05.25.055, 05.25.057, 05.25.095, 05.25.096, and 02 AS 09.25.120(a)(9) are repealed. 03 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 TRANSITION: REGULATIONS. The Department of Natural Resources and 06 Department of Administration may immediately proceed to adopt regulations to implement 07 their respective provisions of this Act. The regulations take effect under AS 44.62 08 (Administrative Procedure Act), but not before the effective date of secs. 1, 2, 4, 6, 8, 10, 12, 09 13, 15, 17, 19, 21 - 22, 24, and 25 of this Act. 10 * Sec. 29. Section 28 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 30. Sections 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27 of this Act take effect 90 12 days after the date the chair of the Alaska Legislative Council notifies the revisor of statutes 13 that in the previous state fiscal year the state did not receive and does not anticipate receiving 14 federal funding for a statewide boating and safety education program. The director of the 15 division of legislative finance shall notify the chair of the Alaska Legislative Council when 16 the state, in the previous fiscal year, did not receive federal funding for a statewide boating 17 and safety program. The chair of the Alaska Legislative Council may not give the notice 18 described in this section unless the notice is approved by a vote of a majority of the members 19 of the Alaska Legislative Council.