DEEP: Boating Legislation

2009 Boating Legislation
 

There were two unrelated pieces of boating legislation that passed in 2009 and are now law. These are detailed below. There were also some changes that were made as part of the state budget process.

Changes Due to State Budget Development. All fees charged by the DEEP that are set by regulation were doubled; this includes fees for obtaining a new or duplicate Safe Boating Certificate or Certificate of Personal Watercraft Operation. In addition, equivalency examination fees have doubled.

Also, during the budgeting process, the distribution of vessel registration fees to the municipalities of the state was temporarily eliminated; however, the distribution was restored in the final budget.

Public Act 09-105, An Act Concerning Marine Dealers, Marine Surveyors and Yacht Brokers, originated with the Boating Division of the DEEP. The act makes changes to the rules regarding marine dealer registration numbers, commonly known as "boat dealer plates". It allows yacht brokers and marine surveyors access to marine dealer registration numbers and allows the Commissioner to set associated fees via regulation. This law provides a framework into which programmatic regulations will be fitted. These regulations are currently under development.

General

  1. The Commissioner of the DEEP may establish fees related to the application for, and issuance of, marine dealer registration numbers.

Yacht Brokers

  1. "Yacht Broker" is defined as a type of marine dealer.
  2. The Commissioner may issue a marine dealer registration number to qualified Yacht Brokers
  3. Yacht Brokers are exempted from the requirement to have an established place of business.
  4. Yacht Brokers may use a vessel bearing their registration number in the same manner as a marine dealer.

Marine Surveyors

  1. "Marine Surveyor" is defined.
  2. The Commissioner may issue a marine dealer registration number to qualified Marine Surveyors.
  3. Marine Surveyors are not required to have an established place of business.
  4. Marine Surveyors may only use a vessel in the conduct of a marine survey and may not loan their marine dealer registration number to anyone.
  5. A Marine Surveyor must carry a signed survey contract onboard any vessel bearing his or her marine dealer registration number.

Public Act 09-140, An Act Concerning Boating Safety, was the Governorís bill. Previously, the crime of reckless operation of a vessel in the first degree while under the influence included killing someone while operating a boat while under the influence of alcohol or drugs. The penalty was a fine of between $2,500 and $5,000, up to two years in prison, or both.

This act increased the penalty for this crime by eliminating the offense of killing someone from reckless operation of a vessel in the first degree while under the influence, and creating in its place the crime of manslaughter in the second degree with a vessel (e. g. , a boat), which is a class C felony under the act, similar to motor vehicle law. By law, a class C felony is punishable by a fine of up to $10,000, a prison term of up to 10 years, or both.

The act extends existing law's provisions concerning reckless operation of a vessel in the first degree while under the influence to manslaughter in the second degree with a vessel. The act also makes technical and conforming changes.

 

 

 

Content Last Updated on March 19, 2012.