HB195: HB195 Watercraft; require probable cause for summonses and boarding vessels

25 LC 44 2910 House Bill 195 By: Representatives Ridley of the 22nd, Ridley of the 6th, Horner of the 3rd, Tarvin of the 2nd, Reeves of the 99th, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 52-7-25 of the Official Code of Georgia A nnotated, relating to1 enforcement of rules and regulations regarding registration, operation, and sale of watercraft,2 so as to require probable cause for summonses and boarding vessels; to provide for related3 matters; to provide for a short title; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 This Act shall be known and may be cited as the "Constitutional Rights for Hunters and7 Boaters Act."8 SECTION 2.9 Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of10 rules and regulations regarding registration, operation, and sale of watercraft, is amended by11 revising subsection (a) and paragraphs (4) and (4.1) of subsection (b) as follows:12 "(a) Any person empowered to enforce this article and any rule or regulation adopted13 pursuant hereto who finds or has probable cause to believe that a law of this state or any14 rule or regulation of the board has been violated shall have the authority to stop and board15 H. B. 195 - 1 - 25 LC 44 2910 any vessel subject to this article or any such regulation for t he purpose of inspection or16 determining compliance with this article and is empowered to is sue a summons for17 appearance in court or before a magistrate for all violations of this article or of the rules and18 regulations prescribed hereunder. Vessels of law enforcement personnel shall be marked19 to identify them as designated enforcement vessels."20 "(4) To board vessels in use, for purposes of examining any doc uments and safety21 equipment, and to search without warrant any vessel which is not at its regular mooring22 or berth when he believes probable cause exists that any law of this state or any rule or23 regulation of the Board of Natural Resources board relating to boating has been violated;24 (4.1) To board vessels in use or floating, whether moored or n ot, for purposes of25 examining any marine toilets, holding tanks, and documents related to them, including26 records of pump-out and certificates of compliance, and to sear ch without warrant any27 such vessel to determine compliance with the provisions of this article related to marine28 toilets when the officer believes probable cause exists that any of said provisions of this29 article relating to marine toilets have been violated;"30 SECTION 3.31 All laws and parts of laws in conflict with this Act are repealed.32 H. B. 195 - 2 -