HB490 Alabama 2022 Session

Under existing law, a nonresident whose home state or country does not require boater safety certification or the licensing of vessel operators may operate a vessel on the waters of this state without a boater safety certification for a period of not more than 45 days in any calendar year

This bill would require all nonresidents to procure a boater safety certification in their home state or country or procure a Nonresident Alabama Boater Safety Certification prior to operating a vessel on the waters of this state, except under certain conditions

Also under certain existing law, vessels less than 24 feet are required to have an emergency engine or motor cut-off switch

This bill would require vessels to meet the federal requirements for engine cut-off switches

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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

Relating to the operation of watercraft; to amend Sections 33-5-51, 33-5-52, and 33-5-72, Code of Alabama 1975, to provide for the operation of a vessel on the waters of this state; to provide boater safety certification requirements; to further provide requirements for engine cut-off switches; to make nonsubstantive, technical revisions to update the existing code language to current style; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.