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        PRIOR PRINTER'S NO. 1693                      PRINTER'S NO. 2499

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

        AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 20, 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 AN EXEMPTION certificate by the commission which        <--
    17  certificate meets EXEMPTS THAT PERSON FROM COMPLIANCE WITH the    <--
    18  requirements of 58 Pa. Code § 109.3 (relating to personal

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




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