HB922: HB922 Georgia Boater Bill of Rights; enact

25 LC 44 3209 House Bill 922 By: Representatives Sainz of the 180th, Stephens of the 164th, Ford of the 170th, McDonald III of the 26th, Powell of the 33rd, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 1 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to general provisions regarding identification and regulation of motor vehicles and2 traffic, so as to prohibit local governments from regulating energy sources of motor vehicles3 and watercraft; to provide for definitions; to amend Chapter 7 of Title 52 of the Official Code4 of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to5 create and establish a purpose for the Georgia Boating Access T ask Force; to provide for6 duties related to ensuring safe and adequate boating access on any waters of this state; to7 provide for composition and manner of appointment of such task force and compensation8 for members; to provide for a short title; to provide for related matters; to repeal conflicting9 laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Georgia Boater Bill of Rights."13 H. B. 922 - 1 - 25 LC 44 3209 SECTION 2.14 Article 1 of Chapter 1 of Title 40 of the Official Code of Geor gia Annotated, relating to15 general provisions regarding identification and regulation of m otor vehicles and traffic, is16 amended by adding a new Code section to read as follows:17 "40-1-10.18 (a) As used in this Code section, the term:19 (1) 'Energy source' means any source of energy used for propulsion, powering, or other20 functions of a motor vehicle or watercraft. Such term shall in clude, but shall not be21 limited to, gasoline, diesel fuel, electricity, hydrogen, and solar power.22 (2) 'Motor vehicle' means a self-propelled vehicle designed for use on public highways.23 (3) 'Watercraft' means any vessel or craft designed for navigation on water, including,24 but not limited to, boats and small crafts.25 (b) No state agency or local governing body shall restrict the use or sale of a motor vehicle26 or watercraft based on the energy source used to power the motor vehicle or watercraft."27 SECTION 3.28 Chapter 7 of Title 52 of the Official Code of Georgia Annotated , relating to registration,29 operation, and sale of watercraft, is amended by adding a new article to read as follows:30 "ARTICLE 431 52-7-90.32 As used in this article, the term:33 (1) 'Commissioner' means the commissioner of natural resources.34 (2) 'Department' means the Department of Natural Resources.35 (3) 'Task force' means the Georgia Boating Access Task Force established pursuant to36 Code Section 52-7-91.37 H. B. 922 - 2 - 25 LC 44 3209 52-7-91.38 (a) There is established within the department a Georgia Boating Access Task Force for39 the purpose of ensuring safe and adequate boating access on any waters of this state. All40 affected state agencies shall cooperate with the task force in its efforts to meet such41 objective. This subsection shall not be construed to authorize the task force to perform any42 function currently performed by an affected state agency.43 (b) The task force shall:44 (1) Coordinate with relevant local, state, and federal agencie s to provide and enforce45 boating access safety rules and regulations;46 (2) Conduct evaluations of existing public boating access points to identify areas with47 inadequate access and develop recommendations to address these inadequacies; and48 (3) Identify, mitigate, and suppress threats from aquatic inva sive species while49 preserving boating access on any waters of this state.50 52-7-92.51 (a) The task force shall be composed of eight members as follows:52 (1) The commissioner or his or her designee, who shall serve as the chairperson;53 (2) One representative from the Association County Commissioners of Georgia, to be54 appointed by the Governor;55 (3) One representative from the Department of Transportation, to be appointed by the56 Governor;57 (4) One representative from the Georgia Municipality Association, to be appointed by58 the Governor; and59 (5) Four industry experts or stakeholders knowledgeable of the subject matter with which60 the task force is concerned, to be appointed by the Governor.61 (b) All members of the task force shall serve terms of four ye ars and until his or her62 successor is appointed. The commissioner shall make appointments to fill the unexpired63 H. B. 922 - 3 - 25 LC 44 3209 portion of any term vacated for any reason. In making such app ointments, the64 commissioner shall preserve the composition of the task force a s required by this Code65 section.66 (c)(1) Members of the task force shall serve without compensation but shall receive the67 same daily expense allowance as members of the General Assembly receive, as set forth68 in Code Section 28-1-8, for each day such member is in physical attendance at a panel69 meeting or hearing, plus either reimbursement for actual transp ortation costs while70 traveling by public transportation or the same mileage allowanc e for use of a personal71 motor vehicle in connection with such attendance as members of the General Assembly72 receive.73 (2) Notwithstanding paragraph (1) of this subsection, no membe r shall receive such74 expense allowance or travel reimbursement if he or she is entitled to receive an expense75 allowance, travel reimbursement, or salary for performance of duties as a state employee.76 (3) Expense allowances and travel reimbursement shall be paid from moneys77 appropriated or otherwise available to the task force.78 52-7-93.79 The commissioner is authorized to promulgate rules and regulati ons as necessary to80 implement and administer the provisions of this article."81 SECTION 4.82 All laws and parts of laws in conflict with this Act are repealed.83 H. 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