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	Name:	GoneFishin -
	Subject:	ACTUAL PROPOSED BILL
	Date:	3/9/2006 6:04:11 PM

SB487
By Senator Dial
RFD Judiciary
Rd 1 28-FEB-06

SYNOPSIS: Existing law does not limit the type or size of vessels or the power rating of engines on vessels that may be used in Alabama lakes.
This bill would prohibit the use of residence boats, recreational vessels longer than 30 feet and six inches, or recreational vessels with engines in excess of 500 horsepower in certain Alabama reservoirs which do not have locks available for river navigation including: Lake Harris, Jordan Lake, Lay Lake, Logan Martin Lake, Martin Lake, Mitchell Lake, Neely Henry Lake, Smith Lake, and Weiss Lake. A violation of this prohibition would be a Class B misdemeanor except that the offender would be fined not less than $100 nor more than $1,000 and on a first offense the violator would be given a warning citation.
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.

A BILL
TO BE ENTITLED
AN ACT

To add Section 33-6A-3.1 to the Code of Alabama 1975, regulating the use of residence boats, vessels of certain sizes, and vessels with certain engines on certain Alabama reservoirs; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 33-6A-3.1 is added to the Code of Alabama 1975, to read as follows:

§33-6A-3.1.

(a) The following recreational vessels are prohibited on Lake Harris, Jordan Lake, Lay Lake, Logan Martin Lake, Martin Lake, Mitchell Lake, Neely Henry Lake, Smith Lake, and Weiss Lake:

(1) Residence boats.

(2) Recreational vessels greater than 30 feet six inches in length, except for vessels used for law enforcement, scientific research, or dam operation and maintenance.

(3) Recreational vessels with engines that have power ratings of 500 horsepower or more.

(b) The Department of Conservation and Natural Resources may adopt rules pursuant to the Alabama Administrative Procedure Act allowing the use of vessels otherwise prohibited by this section on a temporary basis.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.