HB477 Alabama 2019 Session

Existing law defines the term vessel as every description of watercraft, other than a seaplane, capable of being used as a means of transportation on the water

Existing law also provides for the operation of personal watercraft on the waters of this state and provides criminal penalties for a violation

This bill would include vessels within those provisions of law and would provide criminal penalties for a person who operates a vessel or personal watercraft at an improper distance

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 33-5-51, Code of Alabama 1975, relating to the operation of watercraft; to provide for the operation of a vessel on the waters of this state and require a person to maintain a proper distance when operating a vessel or personal watercraft; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.