§ 52-7-30 — Compact enacted and entered into; provisions of compact

Georgia § 52-7-30

• Jurisdiction: Georgia
• Title: 52

Text

The Interstate Boating Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows: "INTERSTATE BOATING VIOLATOR COMPACT ARTICLE I. TITLE This compact shall be known as the 'Interstate Boating Violator Compact.' ARTICLE II. DEFINITIONS Unless the context requires otherwise, the following definitions in this article apply throughout this compact and are intended only for the implementation of this compact: (1) 'Boating activities' means activities involving the operation of vessels on public waters. (2) 'Boating authority' means the board, department, or division within a party state which is authorized by law to regulate the operation of vessels. (3) 'Boating law' means laws, regulations, ordinances, or administrative rules developed and enacted to regulate boating activities. (4) 'Boating violation' means violation of laws, regulations, ordinances, or administrative rules developed and enacted to regulate the operation of vessels. (5) 'Citation' means summons, complaint, ticket, penalty assessment, or other official document containing an order which requires the person to respond. (6) 'Collateral' means cash or other security deposited to secure an appearance for trial, in connection with the issuance of a citation. (7) 'Compact manual' means the procedures, forms, and information adopted by rule by a boating authority. (8) 'Conviction' means an adjudication of guilt or a plea of guilty or nolo contendere to the commission of an offense related to the operation of vessels which is prohibited by the law, regulation, ordinance, or administrative rule of any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico; a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense; or the imposition of a deferred or suspended sentence by a court, magistrate, or tribunal. (9) 'Home state' means the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, that is the primary residence of a person. (10) 'Issuing state' means a party state which issues a citation. (11) 'License' means privilege to operate, permit, registration, certificate of operation, or other public document or privilege that conveys to or allows a person to operate by law, regulation, ordinance, or administrative rule of a party state. (12) 'Officer' means individuals authorized by a party state to issue a citation for a boating violation. (13) 'Operate' means navigating or otherwise using a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (14) 'Party state' means any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, which enacts legislation to become a member of the Interstate Boating Violator Compact. (15) 'Personal recognizance' means an agreement by a person made at the time of issuance of a citation that the person will comply with the conditions and options expressly stated in such citation. (16) 'Suspension' means any revocation, denial, or withdrawal of any license. (17) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on the water and specifically includes, but is not limited to, inflatable rafts and homemade watercraft. ARTICLE III. FINDINGS, DECLARATION OF POLICY, AND PURPOSE (a) Party states find that: (1) Boating activities are managed for the benefit of all residents and visitors; (2) The benefits of boating activities can be materially affected by the degree that a citation is answered, through appearance at a court, magistrate, or tribunal and the payment of fines, costs, and surcharges, if any; (3) The management of boating activities contributes immeasurably to the aesthetic, recreational, and economic aspects of party states; (4) Boating activities are valuable without regard to political boundaries. Therefore, all persons should be required to comply with boating laws of party states as a condition precedent to the privilege to operate; (5) Violation of boating laws interferes with the management of boating activities and may endanger the safety of persons and property; (6) The mobility of people who violate boating laws necessitates the maintenance of channels of communication among party states; (7) In most instances, when an issuing state is a location other than a home state, a person: (A) Must post collateral or bond; (B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or (C) Is taken directly to a court, magistrate, or tribunal for an immediate appearance; (8) The purpose of the enforcement practices described in paragraph (7) of this subsection is to ensure that a citation is answered, through appearance at a court, magistrate, or tribunal and the payment of fines, costs, and surcharges, if any, by the person who, if permitted to continue on his or her way after receiving the citation, could return to his or her home state and disregard his or her duty under the conditions and options expressly stated in the citation; (9) In most instances, a person receiving a citation in his or her home state is permitted to accept such situation from the officer at the scene and to immediately continue on the person's way after agreeing or being instructed to comply with the conditions and options expressly stated in the citation; (10) The practice described in paragraph (7) of this subsection causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral or bond, stand trial, or pay the fine and thus is compelled to remain in custody until some alternative arrangement can be made; and (11) The enforcement practices described in paragraph (7) of this subsection consume an undue amount of law enforcement time. (b) It is the policy of party states to: (1) Promote adherence to boating laws and have a citation answered through a court, magistrate, or tribunal appearance and the payment of fines, costs, and surcharges, if any; (2) Recognize that any revocation, denial, or withdrawal of any license by a party state should be treated the same in all states, territories, and possessions of the United States, including the District of Columbia and the Commonwealth of Puerto Rico; (3) Allow violators to accept a citation, except as provided in subsection (b) of Article IV of this compact, and proceed on the violator's way without delay whether or not the violator is a resident where the citation was issued, provided that the home state of the violator is a party state; (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against a person whose home state was not the issuing state; (5) Allow a home state to recognize and treat convictions recorded for its residents which occurred in a party state as if they had occurred in the home state; (6) Extend cooperation to its fullest extent among party states for having citations which are issued in a party state answered through court, magistrate, or tribunal appearances and the payment of fines, costs, and surcharges, if any; (7) Maximize effective use of law enforcement personnel and information; and (8) Assist court systems in the efficient disposition of boating violations. (c) The purposes of this compact are to: (1) Provide a means through which party states may participate in a reciprocal program to effectuate policies enumerated in subsection (b) of this article in a uniform and orderly manner; and (2) Provide for the fair and impartial treatment of a person issued a citation within a party state in recognition of such person's right of due process and the sovereign status of such party state. ARTICLE IV. PROCEDURES FOR ISSUING STATE (a) A citation shall be issued in the same manner as if the person receiving such citation was a resident of the issuing state and shall not require the person to post collateral, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person's personal recognizance. (b) Personal recognizance is acceptable if: (1) It is not prohibited by local law or the compact manual; and (2) The violator provides adequate proof of his or her identification to the officer. (c) Upon conviction or failure of a person to comply with the conditions and options expressly stated in a citation, the appropriate official shall report the conviction or failure to comply to the boating authority of the party state in which the citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state. (d) Upon receipt of the report of conviction or failure to comply as required by subsection (c) of this article, the boating authority of the issuing state shall transmit to the boating authority of the home state the information in a form and content as contained in the compact manual. ARTICLE V. PROCEDURES FOR HOME STATE (a) Upon receipt of a report of failure to comply with the conditions and options expressly stated in a citation from the boating authority of the issuing state, the boating authority of the home state shall notify the violator, shall initiate a suspension in accordance with the home state's suspension procedures, and shall suspend the violator's license until satisfactory evidence of compliance with the conditions and options expressly stated in such citation has been furnished by the issuing state to the boating authority of the home state. Due process safeguards shall be accorded. (b) Upon receipt of a report of conviction from the boating authority of the issuing state, the boating authority of the home state shall enter the conviction in its records and shall treat the conviction as if it occurred in the home state for the purposes of a suspension. (c) The boating authority of a home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual. ARTICLE VI. RECIPROCAL RECOGNITION OF SUSPENSION (a) A party state shall recognize a suspension of any person by any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, as if the violation on which the suspension is based occurred in such party state and could have been the basis for suspension in such party state. (b) Each party state shall communicate suspension information to other party states in a form and content as contained in the compact manual. ARTICLE VII. APPLICABILITY OF OTHER LAWS Except as expressly required by provisions of this compact, nothing in this compact shall be construed to affect the right of a party state to apply any of its boating laws to a person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and any other state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, concerning boating law enforcement. ARTICLE VIII. COMPACT ADMINISTRATOR PROCEDURES (a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of boating compact administrators is established. The board of boating compact administrators shall be composed of one representative from each party state to be known as the boating compact administrator. The boating compact administrator shall be appointed by the head of the boating authority and shall serve and be subject to removal in accordance with the laws of the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, the boating compact administrator represents. A boating compact administrator may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of the alternate's identity has been given to the board of boating compact administrators. (b) Each boating compact administrator is entitled to one vote. No action of the board of boating compact administrators is binding unless taken at a meeting at which a majority of the total number of votes on such board is cast in favor thereof. Action by the board of boating compact administrators shall be only at a meeting at which a majority of party states are represented. (c) The board of boating compact administrators shall elect annually, from its membership, a chairperson and vice chairperson. (d) The board of boating compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of any party state, for the conduct of its business and shall have the power to amend and rescind its bylaws. (e) The board of boating compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, the United States, or any governmental agency and may receive, utilize, and dispose of the same. (f) The board of boating compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or private nonprofit organization or institution. (g) The board of boating compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to the action of the board of boating compact administrators shall be contained in the compact manual. ARTICLE IX. ENTRY INTO COMPACT AND WITHDRAWAL (a) This compact shall become effective when it has been adopted by at least two states, territories, or possessions of the United States, including the District of Columbia and the Commonwealth of Puerto Rico. (b) (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, and submitted to the chairperson of the board of boating compact administrators. (2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows: (A) The authority by which the state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, is empowered to become a member of this compact; (B) Agreement to comply with the terms and provisions of this compact; and (C) That compact entry is with party states. (3) The effective date of becoming a member of this compact shall be specified by the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, but shall not be less than 60 days after notice has been given by the chairperson of the board of boating compact administrators or by the secretary of such board to the party states that the resolution from the applying state, territory, or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, has been received. (c) Party states may withdraw from this compact by official written notice to party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the boating compact administrator of each party state. No withdrawal shall affect the validity of this compact as to the party states. ARTICLE X. AMENDMENTS TO THE COMPACT (a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of boating compact administrators and may be initiated by party states. (b) Adoption of an amendment shall require endorsement by all party states and shall become effective after this compact has been amended by law by a party state. ARTICLE XI. CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes stated in it. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a party state or the United States Constitution or the applicability of this compact to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected by it. If this compact is held contrary to the constitution of a party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters."

Legislative History

Added by 2014 Ga. Laws 605,§ 3, eff. 7/1/2014.