Assigned to TRANS                                                                                                                              FOR COMMITTEE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2230

 

vehicle titles; lienholders

(NOW: watercraft violations; boating)

 

Purpose

 

Modifies the current classifications for various watercraft and water ski violations.

 

Background

 

Legislation adopted in 1958 prescribed a misdemeanor for negligent operation of a watercraft.  Legislation in 1978 further increased this type of violation and brought it to its current penalty of a class 3 misdemeanor, punishable by up to 30 days in jail and up to a $500 fine (before surcharges).

 

This legislation increases the penalty for negligent operation of a watercraft (standard watercraft and personal watercraft) and failure to stop a watercraft when summoned by law enforcement from a class 3 to a class 2 misdemeanor.  In effect, penalties associated with these changes would increase possible jail time to up to four months and increase fines to up to $750 (before surcharges).  This bill also reduces all other offenses, except for violations pertaining to collisions, operation of a watercraft while intoxicated and tampering with watercraft identification numbers, to a petty offense.

 

Proponents of this legislation are concerned that certain types of boating violations, such as not having a fire extinguisher or sufficient lifejackets on board a watercraft, are not truly representative of class 3 misdemeanors.  Also, numerous appeals resulting from these violations increase the workload of the court system.

 

The Arizona Game and Fish Department anticipates no fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Increases the violation of negligent operation of a watercraft (watercraft and personal watercraft), water skis, surfboard or any similar device from a class 3 to a class 2 misdemeanor.

 

2.      Increases the violation for the failure to stop a watercraft when ordered to do so by law enforcement from a class 3 to a class 2 misdemeanor.

 

3.      Reduces all other boating violations to a petty offense except for violations pertaining to negligent operation of a personal watercraft, collisions and casualties, tampering with watercraft identification numbers and operating a watercraft while intoxicated.

 

4.      Makes technical and conforming changes.

 

5.      Provides for a general effective date.

 

House Action

 

TRANS                       2/12/01            DPA/SE           8-0-1-1

APPROP                     3/06/01            WD                 

3rd Read                       3/13/01            DPA/SE           37-20-3

 

 

Prepared by Senate Staff

March 20, 2001