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Name:   GoneFishin - Email Member
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.



Name:   JIM - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/9/2006 6:15:08 PM

Dont sweat it big boat owners,this bill does not have a snowballs chance in yell of passing.



Name:   Osms - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/9/2006 7:04:56 PM

Good start, but he will get it passed if he drops the boat length restriction and keeps the HP restriction--make it total HP. Love it.



Name:   Maverick - Email Member
Subject:   Need to Read Fine Print
Date:   3/9/2006 7:56:13 PM

Need to read the fine print notice the proposed bill states:

"IN CERTAIN " (does not say ALL ) 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.

Guess what all these lakes have in common? Think you can figure it out.

Do not know if I am right or wrong here, just thought I would make sure everyoone saw / read the fine print of the proposed bill.

Some times those that have the money (lobbyist) make the rules.



Name:   BoatsRFun - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/9/2006 8:33:14 PM

D@mn , I have to agree with you jim, ain't the first time, peace



Name:   4Golf - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/9/2006 8:56:20 PM

Well, in my house (growing up), my Dad lived by the Golden Rule: He who has the gold, makes the rules. I guess The AL. legislature agrees with Dad.



Name:   CAT BOAT - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/9/2006 9:40:11 PM

hhmmmmm, let's see what happens.



Name:   Feb - Email Member
Subject:   House Boats
Date:   3/9/2006 11:42:42 PM

I just re-read the proposed new bill and noted the following:

QUOTE

§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.

END OF QUOTE

I assume "Residence boats" is referring to House Boats??? But then again, is it only House Boats being used as a residence as opposed to House Boats for pleasure?

One would think any law or proposed law requiring clarification would also provide a number of loop holes.

Good thing you didn't buy that big house boat RR.



Name:   searay - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/10/2006 7:42:44 AM

You can find your Senator and House Rep. at the following site. Call and voice your oposition. www.alabama.gov/government/index.php



Name:   Maverick - Email Member
Subject:   House Boats
Date:   3/10/2006 10:40:05 AM

Feb:

I also noted that and figured residence boat was defined as you are not allowed to live on your boat period. Not just house boats but al lboats.



Name:   Feb - Email Member
Subject:   House Boats
Date:   3/10/2006 11:10:27 AM

Agree, I imagine most house boats would exceed the 30' 6" prohibition. The question is what constitutes residency? How much time staying on the boat meets the criteria? Then how and who will monitor for violations? Hard for law enforcement and the courts to enforce the unknown or vague wording of the law.



Name:   WSMS - Email Member
Subject:   You can also call...
Date:   3/10/2006 11:48:30 AM

with your SUPPORT! That's what I did; thanks for the link!!



Name:   Sac - Email Member
Subject:   ACTUAL PROPOSED BILL
Date:   3/10/2006 8:30:51 PM

Your just great OSAMA



Name:   longtimer - Email Member
Subject:   You are making some...
Date:   3/11/2006 1:03:22 AM

ignorant people very angry!!

By the way, have you seen this website yet? (It's www.savelakemartin.com, in case the link doesn't work.)

URL: SaveLakeMartin

Name:   HTMLman - Email Member
Subject:   You are making some...
Date:   3/11/2006 10:06:14 AM

The real link


http://savelakemartin.com/

URL: Save lake Mantin

Name:   longtimer - Email Member
Subject:   Nope, mine works.
Date:   3/11/2006 12:42:25 PM

www.savelakemartin.com; you left off the "www" which seems to have made a difference.



Name:   Fountain Rider - Email Member
Subject:   You are making some...
Date:   3/14/2006 3:14:23 PM

Who put those links to those million dollar boats? You must be an idiot. I have not seen any of them floating around on the lake have you??



Name:   longtimer - Email Member
Subject:   Glass Houses....
Date:   3/15/2006 2:25:00 PM

Are you sure you want to be calling anyone an idiot? I followed the links, and the most expensive boat listed is $155,000. Since you have a problem with numbers, I'll spell it out for you: One hundred fifty-five THOUSAND. Not million, THOUSAND. Do you not know how to count? Or were you just exaggerating , because to tell the truth would invalidate your point?

To answer your other question, I have seen boats much like these on Lake Martin; I've seen several that were even larger. And if I have, and if the webmaster of that site has, then obviously other people have, too; have you ever even been out on the lake? If so, I guess you were too busy looking at yourself in the mirror as you cruised in your Fountain to notice any other boats around you.







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