I

103D CONGRESS

1ST SESSION H. R. 3168

To amend title 46, United States Code, to establish requirements to ensure

safe operation of recreational vessels, and to improve State recreational

boating safety programs.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1993

Mr. TAUZIN (for himself, Mr. LIPINSKI, Mr. ORTIZ, and Mr. MANTON) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To amend title 46, United States Code, to establish requirements to ensure safe operation of recreational vessels,

and to improve State recreational boating safety programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Recreational Boating

5 Safety Improvement Act of 1993’’.
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1 SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR

2 CHILDREN.

3 (a) PROHIBITION.—Section 4307(a) of title 46, Unit4 ed States Code, is amended—

5 (1) in paragraph (2) by striking ‘‘or’’ after the

6 semicolon at the end;

7 (2) in paragraph (3) by striking the period and

8 inserting ‘‘; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(4) operate a recreational vessel under 26 feet

11 in length unless each individual 12 years of age or

12 younger wears a personal flotation device when the

13 individual is on an open deck of the vessel when the

14 vessel is underway.’’.

15 (b) STATE AUTHORITY PRESERVED.—Section 4307

16 of title 46, United States Code, is further amended by

17 adding at the end the following:

18 ‘‘(c) Subsection (a)(4) shall not be construed to limit

19 the authority of a State to establish requirements relating

20 to the wearing of personal flotation devices on recreational

21 vessels that are more stringent than that subsection.’’.

22 SEC. 3. LIMITATION ON PERCENTAGE AMOUNT OF BOAT23 ING SAFETY PROGRAM ALLOCATION USED

24 FOR PUBLIC ACCESS SITES.

25 (a) IN GENERAL.—Section 13106(b)(4) of title 46,

26 United States Code, is amended by inserting before the
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1 semicolon at the end the following: ‘‘, except that not more

2 than 25 percent of the amount allocated to a State for

3 a fiscal year may be used by the State for these purposes’’.

4 (b) APPLICATION.—The amendment made by sub5 section (a) shall not apply to an amount allocated to a

6 State for a fiscal year before fiscal year 1994.

7 SEC. 4. ALLOCATION OF FUNDS BASED ON STATE ADOP8 TION OF LAWS REGARDING BOATING WHILE

9 INTOXICATED.

10 Section 13103 of title 46, United States Code, is

11 amended—

12 (1) by redesignating subsections (a), (b), and

13 (c) in order as subsections (b), (c), and (d);

14 (2) by inserting before subsection (b) (as so re15 designated) the following new subsection:

16 ‘‘(a) Beginning in fiscal year 1998, the Secretary

17 shall allocate $10,000,000 of the amounts available for al18 location and distribution under this chapter for State rec19 reational boating safety programs as follows:

20 ‘‘(1)(A) One-half shall be allocated among eligi21 ble States that prohibit operation of a recreational

22 vessel by an individual who is under the influence of

23 alcohol or drugs and that—

24 ‘‘(i) establish a blood alcohol concentration

25 limit of .10 percent or less; or
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1 ‘‘(ii) provide that acceptable evidence of in2 toxication may include personal observation by

3 a law enforcement officer of the effect of intoxi4 cants consumed by the individual on the indi5 vidual’s manner, disposition, speech, muscular

6 movement, general appearance, or behavior.

7 ‘‘(B) The amount allocated to a State under

8 this paragraph for a fiscal year shall be in the same

9 ratio to the total amount allocated under this para10 graph for the fiscal year as the number of vessels

11 numbered in that State under a system approved

12 under chapter 123 of this title bears to the total

13 number of vessels numbered under approved systems

14 of all States that receive an allocation under this

15 paragraph for that fiscal year.

16 ‘‘(2)(A) One-half shall be allocated among eligi17 ble States that prohibit operation of a recreational

18 vessel by an individual who is under the influence of

19 alcohol or drugs and that establish an implied con20 sent requirement that specifies that an individual is

21 deemed to have given their consent to evidentiary

22 testing for their blood alcohol concentration or pres23 ence of other intoxicating substances.

24 ‘‘(B) The amount allocated to a State under

25 this paragraph for a fiscal year shall be in the same
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1 ratio to the total amount allocated under this para2 graph for the fiscal year as the number of vessels

3 numbered in that State under a system approved

4 under chapter 123 of this title bears to the total

5 number of vessels numbered under approved systems

6 of all States that receive an allocation under this

7 paragraph for the fiscal year.’’;

8 (3) in subsection (b) (as so redesignated) in the

9 matter preceding paragraph (1) by inserting ‘‘the

10 balance of remaining’’ after ‘‘allocate’’; and

11 (4) by adding at the end the following new sub12 section:

13 ‘‘(e) A State shall not be ineligible for an allocation

14 under subsection (a) because of the adoption by the State

15 of any requirement relating to the operation of a rec16 reational vessel while under the influence of alcohol or

17 drugs that is more stringent than the requirements for

18 receiving the allocation.’’.

19 SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL

20 BOATING SAFETY COURSE.

21 Section 4311 of title 46, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(h)(1) A person who willfully operates a recreational

24 vessel in violation of this chapter or a regulation pre-
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1 scribed under this chapter may be ordered to complete a

2 qualified recreational boating safety course—

3 ‘‘(A) in addition to any other civil penalty that

4 is assessed for the violation, in the case of—

5 ‘‘(i) a subsequent violation by the same

6 person; or

7 ‘‘(ii) a violation that results in a personal

8 injury; or

9 ‘‘(B) in lieu of any other civil penalty that is as10 sessed for the violation, in the case of any other vio11 lation.

12 ‘‘(2) In this subsection, the term ‘qualified rec13 reational boating safety course’ means a recreational boat14 ing safety course that is approved by the Secretary of

15 Transportation for purposes of this subsection.’’.

16 SEC. 6. TECHNICAL CORRECTIONS.

17 Section 13108(a)(1) of title 46, United States Code,

18 is amended by—

19 (1) striking ‘‘proceeding’’ and inserting ‘‘pre20 ceding’’; and

21 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec22 retary’’.

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