Here is the text of the "Boat Ban Bill" that was passed in April, 2006:


HB756


ENROLLED, An Act,

 

To add Section 33-6A-3.1 to the Code of Alabama 1975, regulating the use of houseboats, vessels of large sizes, and vessels with certain speed ratings on specified Alabama lakes; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 33-6A-3.1 is added to the Code of Alabama 1975, to read as follows:

§33-6A-3.1.

(a) The prohibitions in this section shall apply only to the following lakes: Lake Harris (Lake Wedowee), Lake Martin and Weiss Lake. Jordan (including Bouldin Forebay), Lay Lake, Logan Martin Lake, Lake Martin, Lake Mitchell, Lake Neely Henry, Smith Lake, Lake Thurlow, Weiss Lake, and Lake Yates.

(1) Except as authorized under subsection (d), beginning one year after the effective date of this section, the use of houseboats shall be prohibited. The term houseboat shall include any residence boat as defined in Section 33-6A-1(6) or any recreational vessel that constitutes a fully equipped dwelling similar in content to a mobile home, with a marine sanitation device, galley, and sleeping quarters.

(2) Beginning three months after the effective date of this section, the use of recreational vessels greater than 26 feet 11 inches in length and rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be prohibited.

(3) Except as authorized under subsection (d), beginning one year after the effective date of this act, the use of recreational vessels greater than 30 feet 6 inches in length, as determined by the straight line distance between the ends of the boat, excluding bowsprits, outboard motor brackets, rudders, or other attachments, shall be prohibited.

  (b) Vessels used for law enforcement, public safety, search and rescue, scientific research, or dam operation or maintenance or medical vessels shall be excluded from the prohibitions in this section.

  (c) Sailboats equipped with a mast and sails that are dependent upon the wind for propulsion in the normal course of operation shall be excluded from the prohibitions in this section.

  (d) The department shall adopt rules pursuant to the Alabama Administrative Procedure Act within six months of the effective date of this section authorizing the use of vessels otherwise prohibited by this section in the following circumstances:

    (1) Vessels needed for use on a temporary basis.

    (2) Houseboats that were licensed and in use on the effective date of this section, provided, that they meet all applicable standards for sewage discharges, are moored at a marina or other facility with a certified pump-out station or other approved means of sewage disposal, and are inspected annually.

    (3) Boats exceeding 30 feet 6 inches in length not to include any boat covered by subdivision (2) of subsection (a) that was licensed and in use or that was on site and available for sale at a marina located on one of the lakes referenced in subsection (a) on the effective date of this section.

  (e) A permit issued under subsection (d) shall specify the lake where continued use of the vessel is authorized and shall not be transferable to any other lake referenced in subsection (a). Each permit issued under subsection (d) shall have a term of one year and shall be issued on or after the annual inspection of the vessel if required. The department may charge and collect a fee sufficient to cover the reasonable anticipated costs for annual inspections and permit issuance under subsection (d).

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

 

 

So, as it clearly states, boats longer than 30'6" are banned, unless the boat was already in use, or on site and for sale at a marine.

Look at these words again: ON SITE AND FOR SALE.

Now check out the boats for sale at Russell marinas. Count the boats that are loner than 30'6". (You'll find six at least six feet longer than that on Page One alone.) Maybe those boats were already "on site and for sale" at this time last year, and are therefore exempt from the legislation? Not likely, since the model year of all of the se boats is 2007; they had not yet been built when the legislation became law.

Interesting word there, "law." Apparently the laws that apply to you and I and the laws that Russell Marine follows are not the same.

But then again, most of us already knew that.