Bill Text: IN HB1121 | 2013 | Regular Session | Introduced

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Bill Title: Boating requirements.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-01-14 - Representative Kubacki added as coauthor [HB1121 Detail]

Download: Indiana-2013-HB1121-Introduced.html

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Introduced Version

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HOUSE BILL No. 1121

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 9-31-3-11; IC 14-15.

Synopsis: Boating requirements. Provides that the registration number for a motorboat must be displayed, painted on, or attached so that the number is legible and clearly visible. Provides that a motorboat that is required to be registered under federal law must comply with the federal display requirements. Requires that a motorboat's muffler or other device must muffle or suppress the sound of the exhaust. (Current law requires the muffler to also prevent excessive and unusual noise at all speeds.) Provides that a law enforcement officer may not stop, inspect, search, or detain a boat solely to determine compliance with certain boating laws. Amends the time during which a person may not operate a boat at a speed greater than 10 miles per hour to the period between 15 minutes after sunset and 15 minutes before sunrise. Repeals a provision concerning the use of a whistle or horn on a boat.

Effective: July 1, 2013.

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McMillin

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    January 8, 2013, read first time and referred to Committee on Natural Resources.

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Introduced

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1121

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-31-3-11; (13)IN1121.1.1. -->     SECTION 1. IC 9-31-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) The owner shall paint on or attach to each side of the bow of the motorboat the registration number assigned under section 10 of this chapter. Subject to subsection (b), the number shall must be displayed, painted on, or attached in the manner prescribed by rules adopted by the bureau so that the number is legible and clearly visible. The registration number shall be maintained in legible condition.
     (b) If a motorboat is required to be registered under 33 CFR 173, the registration number must be displayed in the manner prescribed by 33 CFR 173.27.

SOURCE: IC 14-15-2-4; (13)IN1121.1.2. -->     SECTION 2. IC 14-15-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does not apply to a motorboat competing in and during a motorboat race for which a permit has been issued by the department.
    (b) A person may not operate a motorboat on Indiana water unless the boat motor is equipped with:

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        (1) a muffler;
        (2) an underwater exhaust; or
        (3) other device;
that muffles or suppresses the sound of the exhaust. to prevent excessive and unusual noise at all speeds.

SOURCE: IC 14-15-2-16; (13)IN1121.1.3. -->     SECTION 3. IC 14-15-2-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. Except when enforcing the requirements concerning the display of a light on a boat as provided in section 10, 11, 12, 13, or 14 of this chapter, a boat may not be stopped, inspected, searched, or detained by a law enforcement officer solely to determine compliance with the requirements of this chapter.

SOURCE: IC 14-15-3-8; (13)IN1121.1.4. -->     SECTION 4. IC 14-15-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. Subject to section 9 of this chapter, a person may not operate a boat during the period between fifteen (15) minutes after sunset and fifteen (15) minutes before sunrise at a speed greater than ten (10) miles per hour. For purposes of this section, the time that sunrise and sunset occurs must be determined using data from the federal United States Naval Observatory.

SOURCE: IC 14-15-3-21; (13)IN1121.1.5. -->     SECTION 5. IC 14-15-3-21 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 21. (a) A person operating or occupying a boat may not sound a whistle or horn when:
        (1) the passage of the boat is clear and without danger; or
        (2) a warning signal is not necessary to prevent injury to person or property.
    (b) Unnecessary sounding of a whistle or horn is:
        (1) a public nuisance; and
        (2) prohibited.