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REFERENCE TITLE: boating and water sports; education |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2776 |
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Introduced by Representative Epstein
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AN ACT
amending section 5-324, arizona revised statutes; amending title 5, chapter 3, arizona revised statutes, by adding article 5.1; amending title 5, chapter 3, article 7, arizona revised statutes, by adding section 5-372; 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 5-324, Arizona Revised Statutes, is amended to read:
5-324. Public records; identification of requester; supplying information by mail; records custodians; certification of records
A. All records of the department made or kept pursuant to this article are public records.
B. The department shall furnish information or copies from the records kept pursuant to this section subject to sections 39-121.01 and 39-121.03.
C. Persons requesting a copy of a public record pursuant to this section shall identify themselves and state the reason for making the request. The department shall verify the name and address of the person making the request by requiring the person to produce necessary information to ensure that the information given is true and correct.
D. The department shall not divulge any information from a watercraft registration record unless the person requesting the information provides the following:
1. The name of the owner.
2. The hull identification number of the watercraft.
3. The department-issued number assigned to the watercraft.
e. The department shall not FURNISH the name or personal identifying information the department receives pursuant to section 5-353. This subsection does not apply to:
1. this state or any of its departments, agencies or political subdivisions.
2. a court.
3. a law enforcement officer.
4. a private investigator licensed or registered pursuant to title 32, chapter 24.
5. tHE FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES.
6. An attorney admitted to practice in this state who alleges the information is RELEVANT to any pending or potential court proceeding.
E. F. The procedures required by subsections C and D of this section do not apply to:
1. This state or any of its departments, agencies or political subdivisions.
2. A court.
3. A law enforcement officer.
4. A licensed private investigator a private investigator licensed or registered pursuant to title 32, chapter 24.
5. Financial institutions and enterprises under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.
6. The federal government or any of its agencies.
7. An attorney admitted to practice in this state who alleges the information is relevant to any pending or potential court proceeding.
8. An operator of a self-service storage facility located in this state who alleges both of the following:
(a) That the watercraft on which the operator is requesting the record is in the operator's possession.
(b) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator's intent to foreclose its lien and to sell the watercraft.
9. A towing company located in this state that alleges both of the following:
(a) That the watercraft on which the towing company is requesting the record is in the towing company's possession.
(b) That the record is requested to allow the towing company to notify the registered owner and any lienholders of record, if known, of the towing company's intent to sell the watercraft.
10. An insurance company.
F. G. The department may supply the requested information by mail or telecommunications.
G. H. The director of the department may designate as custodian of the department's public records those department employees the director deems necessary. If a public record of the department has been certified by a records custodian and authenticated as required under proof of records (records of public officials), rules of civil procedure and the rules of evidence for courts in this state, it is admissible in evidence without further foundation.
H. I. Notwithstanding subsection D of this section, information may be supplied for commercial purposes, as defined in section 39-121.03, if the information is transmitted in a machine-readable form such as computer magnetic tape to the person making the request.
I. J. The department shall maintain for a period of at least one year a file of requests for information that shall be maintained by the name of the person whose record was requested, except those requests made by government agencies.
Sec. 2. Title 5, chapter 3, Arizona Revised Statutes, is amended by adding article 5.1, to read:
ARTICLE 5.1. MANDATORY BOATING SAFETY EDUCATION
5-351. Definition of certificate
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, "CERTIFICATE" MEANS A BOATING EDUCATION SAFETY CERTIFICATE ISSUED AS EVIDENCE OF SUCCESSFUL COMPLETION OF A COURSE IN SAFE BOATING OR passing AN EQUIVALENCY EXAM.
5-352. Applicability
THIS ARTICLE APPLies TO:
1. a person who is under twenty years of age one year after the effective date of this article.
2. A person who is under thirty years of age two YEARS AFTER the effective date of this article.
3. A person who is at least thirty YEARS OF AGE three years after the effective date of this article.
5-353. Motorized watercraft operator; requirements
A. A PERSON may NOT OPERATE A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS UNLESS the operator meets any of the following conditions:
1. hAS SUCCESSFULLY COMPLETED A COURSE IN SAFE BOATING THAT IS APPROVED BY a national association of boating law administrators AND THE DEPARTMENT OR has PASSED AN EQUIVALENCY EXAM, IF THE EXAM WAS PROCTORED AND TESTS THE KNOWLEDGE OF INFORMATION INCLUDED IN THE CURRICULUM OF a national association of boating law administrators-approved course, AND HAS RECEIVED A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE course OR the EQUIVALENCY EXAM.
2. hAs A VALID LICENSE TO OPERATE A vessel ISSUED FOR MARITIME PERSONNEL BY THE UNITED STATES COAST GUARD PURSUANT TO 46 Code of federal regulations part 10 OR A MARINE CERTIFICATE ISSUED BY THE CANADIAN GOVERNMENT.
3. has A DEPARTMENT-APPROVED, NONRENEWABLE, TEMPORARY OPERATOR'S PERMIT TO OPERATE THE MOTORIZED WATERCRAFT that IS VALID FOR sixty DAYS AND WAS ISSUED WITH THE CERTIFICATE OF NUMBER FOR THE MOTORIZED WATERCRAFT, IF THE MOTORIZED WATERCRAFT IS NEW OR WAS SOLD WITH A TRANSFER OF OWNERSHIP.
4. has A RENTAL or lease AGREEMENT PURSUANT TO SECTION 5-372 that LISTS THE PERSON AS AN AUTHORIZED OPERATOR OF THE MOTORIZED WATERCRAFT.
5. IS NOT A RESIDENT of this state AND IS TEMPORARILY USING PUBLIC WATERS FOR A PERIOD of sixty DAYS or less AND MEETS ANY APPLICABLE REQUIREMENTS OF THE operator's STATE OF RESIDENCY OR has A CANADIAN PLEASURE CRAFT OPERATOR'S CARD.
6. iS A PERSON WHO OPERATES A MOTORIZED WATERCRAFT UNDER SUPERVISED TRAINING, AS AUTHORIZED BY THE DEPARTMENT.
B. A PERSON who is under twelve YEARS Of age may NOT OPERATE A MOTORIZED WATERCRAFT ON PUBLIC WATERS UNLESS ACCOMPANIED ON BOARD AND DIRECTLY SUPERVISED BY A PERSON who is at least eighteen YEARS of age. BOTH PERSONs MUST MEET THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION.
5-354. Compliance; violation; classification; penalties; definition
A. A PERSON WHO IS OPERATING A MOTORIZED WATERCRAFT oN ANY PUBLIC WATERS AND WHO IS STOPPED BY A PEACE OFFICER SHALL PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET. FAILURE TO PRESENT EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET SHALL CONSTITUTE prima facia evidence of A VIOLATION OF section 5-353.
B. A PERSON is GUILTY OF A CLASS 3 MISDEMEANOR if the person:
1. FORGES, COUNTERFEITS OR FALSIFIES A CERTIFICATE OR OTHER DOCUMENT.
2. possesses with the intent to deceive A CERTIFICATE OR OTHER DOCUMENT THAT HAS BEEN FORGED, COUNTERFEITED OR FALSIFIED.
3. Allows THE person's CERTIFICATE OR OTHER DOCUMENT TO BE USED BY ANOTHER PERSON with the intent to deceive.
C. A PERSON WHO FAILS TO PRESENT a CERTIFICATE OR OTHER DOCUMENT AS REQUIRED BY SUBSECTION A OF THIS SECTION IS GUILTY OF A PETTY OFFENSE UNLESS THE PERSON PRESENTS THE REQUIRED CERTIFICATE OR DOCUMENT in a subsequent court proceeding THAT PROVES THE PERSON WAS OPERATING THE MOTORIZED WATERCRAFT in compliance with this article on the date of the violation.
D. THE COURT MAY SUSPEND ALL OR PART OF THE FINE IMPOSED ON a DEFENDANT IF THE DEFENDANT COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT WITHIN THE TIME LIMITS ordered BY THE COURT.
E. THE COURT MAY PROHIBIT A PERSON WHO IS FOUND TO HAVE VIOLATED THIS ARTICLE FROM OPERATING A MOTORIZED WATERCRAFT on PUBLIC WATERS UNTIL THE PERSON SUCCESSFULLY COMPLETES THE SAFE BOATING EDUCATION COURSE APPROVED BY a national association of boating law administrators AND THE DEPARTMENT.
F. FOR the PURPOSES OF THIS SECTION, "DOCUMENT" MEANS A DOCUMENT USED AS EVIDENCE THAT THE REQUIREMENTS OF section 5-353 HAVE BEEN MET.
5-355. Rules; fees
The department may adopt rules necessary to carry out this article, including provisions for issuing certificates, duplicate certificates, recordkeeping, cooperative agreements, name and address changes, establishing fees for boating safety courses and certificates and equivalency exam criteria.
Sec. 3. Title 5, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 5-372, to read:
5-372. Motorized watercraft rentals; requirements
A. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT FOR A PERIOD of NOT more than thirty DAYS may NOT RENT OR LEASE A MOTORIZED WATERCRAFT TO ANY PERSON FOR OPERATION ON THE PUBLIC WATERS UNLESS THE PERSON:
1. MEETS THE requirements of section 5-353.
2. is at least eighteen years of age.
B. A PERSON OR THE PERSON'S AGENT OR EMPLOYEES ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL LIST ON EACH RENTAL OR LEASE AGREEMENT FOR A MOTORIZED WATERCRAFT THE NAME AND AGE OF EACH PERSON WHO IS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT. THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED OR LEASED SHALL ENSURE THAT ONLY THOSE PERSONS WHO ARE LISTED AS AUTHORIZED operators ARE ALLOWED TO OPERATE THE MOTORIZED WATERCRAFT.
C. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT SHALL PROVIDE TO EACH PERSON AUTHORIZED TO OPERATE A MOTORIZED WATERCRAFT A SUMMARY OF THE STATUTES AND rules of this state GOVERNING THE OPERATION OF A MOTORIZED WATERCRAFT AND INSTRUCTIONS REGARDING THE SAFE OPERATION OF THE MOTORIZED WATERCRAFT. EACH PERSON WHO IS LISTED AS AUTHORIZED TO OPERATE THE MOTORIZED WATERCRAFT SHALL REVIEW THE SUMMARY OF THE STATUTES, rules AND INSTRUCTIONS BEFORE THE MOTORIZED WATERCRAFT DEPARTS FROM THE RENTAL OR LEASING OFFICE.
D. A PERSON OR THE PERSON'S AGENT OR EMPLOYEE ENGAGED IN THE BUSINESS OF RENTING OR LEASING MOTORIZED WATERCRAFT MAY USE A RENTAL SAFETY CHECKLIST that HIGHLIGHTS IMPORTANT BOATING SAFETY RULES AND REQUIRES THE PERSON TO WHOM THE MOTORIZED WATERCRAFT IS RENTED or leased TO INITIAL EACH SECTION TO PROVE THAT the person READ IT AND IS AWARE OF THE SAFETY rules.