SB 86: "An Act relating to boat safety, equipment, reporting, liability, registration, numbering, fees, penalties, and enforcement; establishing a uniform state waterway marking system; and providing an effective date."
00SENATE BILL NO. 86 01 "An Act relating to boat safety, equipment, reporting, liability, registration, 02 numbering, fees, penalties, and enforcement; establishing a uniform state 03 waterway marking system; and providing an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 05.25.010 is repealed and reenacted to read: 06 Sec. 05.25.010. Safety requirements. (a) Except as otherwise provided by 07 law, a boat placed on waters of the state must be equipped with fire extinguishers, 08 sound producing devices, back-fire flame protectors, ventilation, and visual distress 09 signals of the same number, type, and specifications as provided by United States 10 Coast Guard safety equipment requirements set out in 33 C.F.R. Part 175 and 11 46 C.F.R. Part 25, as amended from time to time. 12 (b) During the period of time extending from sunset to sunrise and periods of 13 restricted visibility, a boat placed on the waters of the state must display lights of the 14 number, type, and specifications required under 33 U.S.C. 1602 or 33 U.S.C. 2020 -
01 2030, or by related United States Coast Guard regulations adopted under 02 33 U.S.C. 1607 or 2071, as amended from time to time. 03 (c) A boat on the waters of the state must carry one United States Coast Guard 04 approved Type I, Type II, or Type III personal flotation device in serviceable 05 condition, for each person on board the boat. A Type V personal flotation device may 06 be carried in lieu of a personal flotation device required in this section, if the Type V 07 personal flotation device is in serviceable condition and if 08 (1) the approval label on the Type V personal flotation device indicates 09 that the device is approved for the activity in which the boat is being used, or that the 10 device is approved as a substitute for a personal flotation device of the type required 11 on the boat; 12 (2) the Type V personal flotation device is used in accordance with 13 requirements in the owner's manual, if the approved label on the device contains a 14 reference to an owner's manual; and 15 (3) the Type V personal flotation device is worn. 16 (d) A boat that is 16 feet and longer, other than a kayak or canoe, must carry, 17 in addition to the requirements in (c) of this section, one Type IV personal flotation 18 device that can be thrown and is approved by the United States Coast Guard. 19 (e) A person may not use a flashing or revolving red or blue emergency light 20 on a boat unless the boat is operated by a peace officer or emergency professional in 21 the performance of official duties. 22 (f) The operator of a boat on the waters of the state may not transport a 23 person under 13 years of age on the deck of a boat or in an open boat unless the 24 person is wearing a United States Coast Guard approved Type I, Type II, or Type III 25 personal flotation device. 26 (g) The department may require, by regulation, that a boat or class of boats 27 carry additional equipment that is necessary for the safety of persons and property. 28 (h) The requirements of (a) and (b) of this section apply to a boat placed on 29 waters of the state regardless of whether those waters are also subject to the 30 jurisdiction of the United States Coast Guard. 31 * Sec. 2. AS 05.25.020 is amended to read:
01 Sec. 05.25.020. Water skis and surfboards. (a) A person may not operate 02 a boat [WATERCRAFT] on the [INLAND] waters of this state for towing a person 03 on water skis, or a surfboard, or similar device [DEVICES] unless (1) the boat 04 [WATERCRAFT] is equipped with a rearview mirror in which the person being towed 05 can be viewed, or (2) there is in the boat [WATERCRAFT] a person of 12 years of 06 age or older in addition to the operator, in a position to observe the progress of the 07 person being towed. 08 (b) A person may not operate a boat [WATERCRAFT] on the waters 09 [WATER] of the state to tow a person under 13 years of age on water skis, a 10 surfboard, or similar device unless the person being towed is wearing a United States 11 Coast Guard approved Type I, Type II, or Type III personal flotation device. [IN 12 THIS SUBSECTION, "PERSONAL FLOTATION DEVICE" DOES NOT INCLUDE 13 A LIFE BELT OR LIFE RING.] 14 * Sec. 3. AS 05.25.030 is repealed and reenacted to read: 15 Sec. 05.25.030. Boat collisions, accidents, and casualties. (a) The operator 16 of a boat involved in a collision, accident, or casualty shall 17 (1) render assistance, as is practicable and necessary, to save other 18 persons from danger or to minimize the danger to other persons to the extent that the 19 operator can do so without serious danger to the operator's boat, crew, and passengers; 20 and 21 (2) give the operator's name and address and identification number of 22 the operator's boat in writing to each person injured in the collision, accident, or 23 casualty and to the owner of property damaged in the collision, accident, or casualty. 24 (b) The operator of a boat involved in a collision, accident, or other casualty 25 that results in death or injury to a person or damage to property in excess of $500 per 26 incident shall file a report with the department on or before the 20th day after the 27 incident. The report is to be used for gathering boating accident statistics. The 28 department shall prepare forms for the report and shall make the forms available to 29 other agencies and to the public. 30 (c) In response to a request from an authorized official or agency of the United 31 States or a law enforcement agency, or in compliance with United States Coast Guard
01 regulations, the department shall provide statistical information compiled or otherwise 02 available to the department from the reports required under (b) of this section. 03 * Sec. 4. AS 05.25.040 is amended to read: 04 Sec. 05.25.040. Owner's civil liability. The owner of a boat 05 [WATERCRAFT] is liable for injury or damage caused by the negligent operation of 06 the owner's boat [WATERCRAFT] whether the negligence consists of a violation of 07 a state statute, or neglecting to observe ordinary care in the operation of the boat 08 [WATERCRAFT] as the rules of the common law require. The owner is not liable, 09 however, unless the boat [WATERCRAFT] is used with the owner's express or 10 implied consent. It is presumed that the boat [WATERCRAFT] is being operated with 11 the knowledge and consent of the owner, if at the time of the injury or damage, it is 12 under the control of the owner's spouse, father, mother, brother, sister, son, daughter, 13 or other member of the owner's immediate family. This chapter does not relieve any 14 other person from a liability that the person would otherwise incur, and does not 15 authorize or permit recovery in excess of injury or damage actually incurred. 16 * Sec. 5. AS 05.25.050 is amended to read: 17 Sec. 05.25.050. Declaration of policy. It is the policy of this state to promote 18 safety for persons and property in and connected with the use, operation, and 19 equipment of boats [VESSELS] in [RECREATIONAL] pursuits on [IN INLAND] 20 waters of this state and to promote uniformity of laws relating to boat safety 21 [THERETO]. 22 * Sec. 6 AS 05.025 is amended by adding new sections to read: 23 Sec. 05.25.052. Uniform state waterway marking system. The department 24 shall develop and adopt regulations establishing a uniform state waterway marking 25 system for the placement of regulatory markers. The regulations shall be compatible 26 with system of aids to navigation prescribed by the United States Coast Guard. 27 Sec. 05.25.053. Boating safety program. (a) The department shall administer 28 a statewide boating safety program. The program shall, to the extent consistent with 29 state law, 30 (1) secure the full benefits available to the state under 31 46 U.S.C. 13101-13110 (Federal Boat Safety Act of 1971); and
01 (2) take additional actions necessary to gain initial and ongoing federal 02 acceptance of the boating safety program, and to qualify and apply for federal money 03 under 46 U.S.C. 13102. 04 (b) The department shall cooperate with local, state, and federal agencies; 05 private and public organizations; and individuals to provide for 06 (1) education on boating safety; 07 (2) a boat registration and numbering system through the Department 08 of Administration; 09 (3) a boating collisions, accidents, and casualties reporting system; 10 (4) boating access; 11 (5) boating safety patrol and law enforcement activity; 12 (6) a uniform state waterway marking system; and 13 (7) a boating safety advisory council as described in AS 05.25.057. 14 Sec. 05.25.055. Registration and numbering of boats. (a) Each 15 undocumented boat placed on the waters of the state must be registered and numbered 16 in accordance with this chapter. The Department of Administration shall adopt, by 17 regulation, a boat registration and numbering system that is consistent with the national 18 standard for state numbering systems established by the United States Coast Guard that 19 is set out in 33 C.F.R. Part 174, as amended from time to time. 20 (b) In adopting a boat registration system under (a) of this section, the 21 Department of Administration shall authorize agents, including boat dealers, to register 22 boats. 23 (c) A boat dealer shall require a purchaser of a new or used boat sold at retail 24 to complete a registration application and pay the registration fee before the boat 25 leaves the dealer's premises unless the boat is exempt from registration and numbering 26 under this chapter and regulations adopted under this chapter. 27 (d) A person may not operate a boat on the waters of the state unless a valid 28 certificate of number has been awarded by the Department of Administration to the 29 boat and the identification number and any required validation decals are properly 30 displayed on the boat. 31 (e) The Department of Administration shall authorize agents to accept an
01 application and registration fee for registration, issue a registration, and forward the 02 application and registration fee to the Department of Administration. 03 (f) Unless otherwise provided by this chapter, or the owner has been awarded 04 a current, valid Alaska certificate of number from the United States Coast Guard, the 05 owner of a boat for which a current certificate of number has been awarded under 06 federal law or a federally approved numbering system of another state shall apply for 07 a certificate of number in this state in accordance with this chapter if the boat is 08 operated on state water for more than 90 consecutive days. 09 (g) A certificate of number issued under this chapter is valid for three years 10 unless terminated or discontinued earlier in accordance with this chapter and 11 regulations adopted under this chapter. The certificate expires on the last day of the 12 month at the end of the three-year period. The expiration date shall be indicated on 13 the certificate. 14 (h) All records of ownership of boats that are kept by the Department of 15 Administration under this chapter are public records. The Department of 16 Administration shall provide records of ownership to the Department of Natural 17 Resources for the purposes of meeting the federal requirements for state programs and 18 implementing this chapter. 19 (i) The following classes of boats are exempt from the numbering and 20 registration provisions of this section: 21 (1) a boat with a current, valid certificate of number issued by another 22 state having a federally approved numbering system that is operated in this state for 23 a period not exceeding 90 consecutive days; 24 (2) a foreign boat operated in state water for a period not exceeding 90 25 consecutive days; 26 (3) a boat owned by the United States or an entity or political 27 subdivision of the United States, or a boat owned by a state or an entity or political 28 subdivision of a state; 29 (4) boats that are 30 (A) never equipped with mechanical propulsion; and that are 31 (B) exclusively paddled, poled, rowed, or powered by wind;
01 (5) boats with a valid document to operate the boat that is issued by 02 the United States or a foreign government. 03 Sec. 05.25.057. Council established. (a) The Alaska Boating Safety 04 Advisory Council is established in the department. 05 (b) The council consists of 7 - 11 representatives from the boating community 06 appointed by the commissioner. Council members serve for staggered three-year terms 07 and at the pleasure of the commissioner. A majority of the members appointed 08 constitutes a quorum to conduct business. 09 (c) Members of the council receive no compensation for services on the 10 council, but are entitled to per diem and travel expenses authorized for boards under 11 AS 39.20.180. 12 (d) The council shall advise the department and the governor on matters 13 pertaining to boating safety. The department shall consult with the council on boating 14 safety issues. 15 * Sec. 7. AS 05.25.060 is amended to read: 16 Sec. 05.25.060. Prohibited boat operation. (a) A person may not operate 17 a boat [WATERCRAFT] whether for recreational purposes or any other purpose or 18 manipulate water skis, a surfboard, or a similar device on the waters of the state in a 19 reckless or negligent manner so as to endanger the life or property of another person. 20 (b) A person may not operate a boat [WATERCRAFT] whether for 21 recreational purposes or any other purpose in violation of AS 28.35.030 on the waters 22 of the state while under the influence of any intoxicating liquor, narcotic drug, 23 barbiturate, or marijuana. 24 * Sec. 8. AS 05.25.060 is amended by adding new subsections to read: 25 (c) A person may not operate a boat on the waters of the state that is not 26 equipped as required under this chapter and regulations adopted under this chapter. 27 (d) A person may not operate a boat on waters of the state in a manner that 28 is inconsistent with a regulatory marker authorized under regulations adopted by the 29 department under this chapter. 30 * Sec. 9. AS 05.25.070 is amended to read: 31 Sec. 05.25.070. Exemptions. Boats [WATERCRAFT] and persons operating
01 boats [WATERCRAFT] are exempt from this chapter, except AS 05.25.060(b), when 02 participating in the area set aside for a public regatta, race, marine parade, tournament, 03 or exhibition on [INLAND] waters of the state . 04 * Sec. 10. AS 05.25.080 is repealed and reenacted to read: 05 Sec. 05.25.080. Enforcement. A peace officer may enforce this chapter and 06 regulations adopted under this chapter and in the exercise of enforcement may stop and 07 board a boat subject to this chapter. A peace officer may issue a citation as provided 08 in AS 12.25.180 to a person who violates a provision of this chapter. 09 * Sec. 11. 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 or regulations adopted under this 12 chapter is guilty of a class A misdemeanor. A person who also violates AS 28.35.030 13 is also subject to penalties under AS 28.35.030. 14 (b) A person who violates AS 05.25.010, 05.25.020, 05.25.060(c) or (d), or 15 regulations adopted under this chapter relating to AS 05.25.010 or 05.25.020, is guilty 16 of a violation, as defined in AS 11.81.900, and may be fined up to $500. The supreme 17 court of this state shall establish by order or rule a schedule of bail amounts for 18 violations under this subsection that allow the disposition of a citation without a court 19 appearance. 20 * Sec 12. AS 05.25 is amended by adding new sections to read: 21 Sec. 05.25.095. Regulations. (a) Except as provided in (b) of this section, 22 the department may adopt regulations to interpret or implement its respective duties 23 in this chapter, including regulations regarding 24 (1) boat and associated safety equipment requirements, including 25 additional equipment as described in AS 05.25.010; 26 (2) uniform waterway markers; 27 (3) boat operation and safety requirements; and 28 (4) requirements for certification of programs on boating safety 29 education. 30 (b) In consultation with the Department of Natural Resources, the Department 31 of Administration may adopt regulations to interpret or implement this chapter with
01 respect to its duties regarding the numbering, marking, and titling of undocumented 02 boats. 03 (c) Regulations adopted under this chapter may not be less stringent than 04 applicable minimum requirements of regulations of the United States Coast Guard 05 governing boat safety. 06 Sec. 05.25.096. Fees. (a) The Department of Administration shall assess the 07 following fees: 08 (1) boat registration, registration renewal, and transfer of registration, 09 $24 for a three-year period; 10 (2) replacement of lost registration, $5; 11 (3) replacement of lost registration validation decals, $5. 12 (b) The Department of Administration shall separately account for fees 13 collected under (a) of this section that are deposited in the general fund. The annual 14 estimated balance in that account may be used by the legislature to make 15 appropriations to the Department of Natural Resources and the Department of 16 Administration to carry out the purposes of this chapter. 17 * Sec. 13. AS 05.25.100 is repealed and reenacted to read: 18 Sec. 05.25.100. Definitions. In this chapter, unless the context requires 19 otherwise, 20 (1) "aids to navigation" means buoys, beacons, or other fixed objects 21 in the water that are used to mark obstructions to navigation or to direct navigation 22 through safe channels; 23 (2) "boat" means a watercraft used or capable of being used as a means 24 of transportation on water, except for 25 (A) a ship's lifeboat; 26 (B) seaplanes; 27 (C) inspected passenger vessels; and 28 (D) single air mattresses, single inner tubes, and other water 29 toys; 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 the department; 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 waters of the 12 state; 13 (8) "owner" means a person who has a property interest, other than a 14 security interest, in a boat and the right of use or possession of the boat; "owner" does 15 not include a lessee unless the lease is intended as security; 16 (9) "ownership" means a property interest other than a security interest; 17 (10) "passenger" means a person on board a boat who is not the master, 18 operator, crew member, or other person engaged in a capacity in the business of the 19 boat; 20 (11) "regulatory marker" means an anchored or fixed marker in or on 21 the water, or sign on the shore or on a bridge over the water, other than aids to 22 navigation; "regulatory marker" includes swimming markers, bathing markers, speed 23 zone markers, identification markers, danger zone markers, boat keep out areas, special 24 anchorage areas, and mooring buoys; 25 (12) "undocumented boat" means a boat that does not possess a valid 26 marine document issued by the United States Coast Guard under 27 46 U.S.C. 12102 - 12123; 28 (13) "validation decal" means a decal that has the state of registration 29 and registration expiration year clearly marked; 30 (14) "waters of the state" means all navigable water of the state as that 31 term is defined in AS 38.05.965; "waters of the state" includes the marginal seas
01 adjacent to the state and high seas within the territorial limits of the state, irrespective 02 of the ownership of the land underlying those waters; 03 (15) "wear" means wearing a properly sized United States Coast Guard 04 approved personal flotation device that is in good condition and properly fastened. 05 * Sec. 14. AS 09.25.120(a) is amended by adding a new paragraph to read: 06 (9) reports submitted under AS 05.25.030 concerning certain collisions 07 or other casualties involving boats. 08 * Sec. 15. TRANSITION: REGULATIONS. The Department of Natural Resources and 09 Department of Administration may immediately proceed to adopt regulations to implement 10 their respective provisions of this Act. The regulations take effect under AS 44.62 11 (Administrative Procedure Act), but not before the effective date of secs. 1 - 14 of this Act. 12 * Sec. 16. Section 15 of this Act takes effect immediately under AS 01.10.070(c).