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                                                      PRINTER'S NO. 1693

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1439 Session of 1999


        INTRODUCED BY DERMODY, PHILLIPS, FARGO, SOLOBAY, WALKO,
           WOJNAROSKI, HARHAI, LAUGHLIN, VAN HORNE, ROONEY, SERAFINI AND
           SEYFERT, MAY 4, 1999

        REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 4, 1999

                                     AN ACT

     1  Amending Title 30 (Fish) of the Pennsylvania Consolidated
     2     Statutes, providing an exemption from the required boating
     3     safety education certificate for certain owner-operators of
     4     personal watercraft.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 30 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 5105.  Personal watercraft boating safety education
    10             certificate exemption.
    11     (a)  General rule.--Notwithstanding any other law or
    12  regulation to the contrary, the owner-operator of any personal
    13  watercraft who has owned one or more personal watercraft
    14  throughout the entire period of time from January 1, 1995,
    15  through January 1, 2000, shall be issued a boating safety
    16  education certificate by the commission which certificate meets
    17  the requirements of 58 Pa. Code § 109.3 (relating to personal
    18  watercraft).


     1     (b)  Exemptions.--In addition to the exemption under
     2  subsection (a), the commission may exempt certain persons from
     3  having to fulfill the course and exam requirement based on
     4  related safety knowledge as acquired through other Coast Guard
     5  certification. A certificate shall be issued upon request for
     6  the exempted individual.
     7     (c)  Order to take safety course.--
     8         (1)  Notwithstanding subsection (a) or (b), the
     9     commission shall order a person to successfully complete a
    10     course in personal watercraft safety in the following
    11     situations:
    12             (i)  Where a person is convicted of two water safety
    13         violations within any two-year period.
    14             (ii)  Where a person is convicted of violating any of
    15         the following:
    16                 (A)  Section 5501(a) or (b) (relating to reckless
    17             and negligent operation of watercraft).
    18                 (B)  Section 5502 (relating to operating
    19             watercraft under influence of alcohol or controlled
    20             substance).
    21         (2)  An order of the commission under paragraph (1) shall
    22     be in addition to any other sentence imposed by the court.
    23     Section 2.  This act shall take effect immediately.





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