Bill Text: AZ SB1010 | 2023 | Fifty-sixth Legislature 1st Regular | Chaptered
Bill Title: Personal flotation devices; rowing; exception
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-06-19 - Chapter 168 [SB1010 Detail]
Download: Arizona-2023-SB1010-Chaptered.html
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Senate Engrossed
personal flotation devices; rowing; exception |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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CHAPTER 168
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SENATE BILL 1010 |
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An Act
amending sections 5-301 and 5-331, Arizona Revised Statutes; relating to boating and water sports.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-301, Arizona Revised Statutes, is amended to read:
5-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motorized watercraft" means a motorized watercraft that carries passengers or property for a valuable consideration that is paid to the owner, charterer, operator or agent or to any other person interested in the watercraft.
2. "Commission" means the Arizona game and fish commission.
3. "Department" means the Arizona game and fish department.
4. "Documented watercraft" means any watercraft currently registered as a watercraft of the United States pursuant to 46 Code of Federal Regulations part 67.
5. "Domicile" means a person's true, fixed and permanent home and principal residence, proof of which may be demonstrated as prescribed by rules adopted by the commission.
6. "Launch" means any motorized watercraft that CARRIES a coach and that is used to follow and monitor rowing shells during practice, training or competitive rowing events.
6. 7. "Motorboat" means any watercraft that is not more than sixty-five feet in length and that is propelled by machinery whether or not such machinery is the principal source of propulsion.
7. 8. "Motorized watercraft" means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion.
8. 9. "Nonresident" means a citizen of the United States or an alien person who is not domiciled in this state and who is not a resident as defined in this section.
9. 10. "Operate" means to operate or be in actual physical control of a watercraft while on public waters.
10. 11. "Operator" means a person who operates or is in actual physical control of a watercraft.
11. 12. "Person" includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof.
12. 13. "Public waters" means any body of water that is publicly owned or that the public is permitted allowed to use without permission of the owner upon on which a motorized watercraft can be navigated, including that part of waters that is common to interstate boundaries and that is within the boundaries of this state.
13. 14. "Resident" means a person who is either:
(a) A member of the armed forces of the United States on active duty and stationed in this state for a period of thirty days immediately before the date of application for a watercraft decal.
(b) A member of the armed forces of the United States on active duty and stationed in another state or another country and who lists this state as that member's home of record at the time of an application for a watercraft decal.
(c) Domiciled in this state for at least six consecutive months immediately before the date of the application for a watercraft decal and who does not claim residency for any purpose in any other state or country.
14. 15. "Revocation" means invalidating the certificate of number, numbers and annual validation decals issued by the department to a watercraft and prohibiting the operation of the watercraft on the waters of this state during a period of noncompliance with this chapter.
16. "rowing shell" means a manually propelled watercraft that is recognized by a national racing association for use in practice, training or competitive rowing.
15. 17. "Sailboard" means any board of less than fifteen feet in length which that is designed to be propelled by wind action upon on a sail for navigation on the water by a person operating the board.
16. 18. "Special anchorage area" means an area set aside and under the control of a federal, state or local governmental agency, or by a duly authorized marina operator or concessionaire for the mooring, anchoring or docking of watercraft.
17. 19. "State of principal operation" means the state where a watercraft is primarily used, navigated or employed.
18. 20. "Underway" means a watercraft that is not at anchor, is not made fast to the shore or is not aground.
19. 21. "Undocumented watercraft" means any watercraft which that does not have and is not required to have a valid marine document as a watercraft of the United States.
20. 22. "Wakeless speed" means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour.
21. 23. "Watercraft" means any boat designed to be propelled by machinery, oars, paddles or wind action upon on a sail for navigation on the water, or as may be defined by rule of the commission.
22. 24. "Waterway" means any body of water, public or private, upon on which a watercraft can be navigated.
Sec. 2. Section 5-331, Arizona Revised Statutes, is amended to read:
5-331. Personal flotation devices; requirements; exceptions
A. All watercraft, except sailboards, shall carry United States coast guard approved personal flotation devices of the type and category prescribed by regulations of the commission. There shall be one such device in good and serviceable condition for each person on board and so placed as to be readily accessible for immediate use.
B. Any person who is being towed behind a watercraft shall wear a wearable personal flotation device while being towed except for a performer who is engaged in a professional exhibition.
C. A child who is twelve years of age or under and who is on board a watercraft shall wear a properly fitting United States coast guard approved wearable personal flotation device whenever the watercraft is underway.
D. Subsection C of this section does not apply to either of the following:
1. Small passenger vessels that are not for hire on navigable waters, that maintain a coast guard certificate of inspection and that are being operated by United States coast guard licensed pilots within a distance of one-fourth mile from the nearest shore as a means of transporting passengers and when the duration of time the vessel is underway on the water does not exceed ten minutes.
2. rowing shells that are being used for the purposes of practice, training or rowing competitions if all of the following conditions are met:
(a) The rowing practice, training or competition is being supervised by a coach who is certified by a nationally recognized rowing association and who is in a launch in close proximity to the rowing shell.
(b) The launch complies with the requirements of a nationally recognized rowing association and carries lifesaving equipment on board.
(c) the operator of the rowing shell has successfully passed a swimming test that is certified by a nationally recognized rowing association.
APPROVED BY THE GOVERNOR JUNE 19, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 19, 2023.
