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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DP 7-0-0-0 |
HB2398: watercraft; insurance requirements; penalties
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Overview
Establishes insurance requirements for watercraft owners and boat livery owners. Requires a watercraft owner, who provides for rent in this state, or a boat livery owner to maintain a commercial boat liability policy.
History
A boat livery owner must keep or cause to be kept a record of the name and address of the person or persons hiring any watercraft designed or permitted by him to be operated as a watercraft, the identification number thereof, the departure date and time and the expected and actual time of return. Such record must be preserved for at least three months.
Neither the owner of a boat livery nor his agent or employee must permit any watercraft to be operated from his premises unless it must have been provided, either by the owner or renter, with the required equipment.
The certificate of number for a watercraft less than 26 feet in length that is leased or rented to a person for noncommercial use of less than 24 hours may be retained on shore by the owner or his representative at the place from which the watercraft departs or returns to the possession of the owner or his representative. A watercraft which does not have the certificate of number on board must be identified while in use as may be prescribed by the regulations of the Arizona Game and Fish Commission (Commission) (A.R.S. § 5-371).
Provisions
1. Directs a watercraft owner who provides for rent in this state to maintain a commercial boat liability policy. (Sec. 1)
2. Asserts an owner's commercial boat or a boat livery owner's liability policy must provide primary boat liability insurance coverage as follows:
a. $25,000 because of bodily injury to or death or one person in any one accident;
b. subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident; and
c. $20,000 because of injury to or destruction of property of others in any one accident. (Sec. 1, 2)
3. Instructs a watercraft owner who provides a watercraft for rent to always maintain the amounts of the prescribed insurance policy for injuries to persons and for loss or damage to property by reason of the watercraft rental or operation. (Sec. 1)
4. Allows the Commission to require a watercraft owner or a boat livery owner, who is subject to insurance responsibility requirements, to certify the existence of insurance responsibility in the form and at the time the Commission deems necessary. (Sec. 1, 2)
5. Permits the Commission to forward the certification to the named insurer to determine if the certification is correct. (Sec. 1, 2)
6. Stipulates that civil liability does not accrue to the insurer or any of its employees for reports made to the Commission if the reports are made in good faith based on the most recent information available to the insurer. (Sec. 1, 2)
7. Makes a watercraft owner, who rents a watercraft, or a boat livery owner, who causes a watercraft to be operated without the insurance responsibility, guilty of a class 3 misdemeanor and a class 1 misdemeanor if the watercraft is involved in an accident in this state. (Sec. 1, 2)
8. Tasks a boat livery owner with maintaining a commercial boat liability policy for persons who hire a watercraft for use on a waterway in this state. (Sec. 2)
9. Applies the liability coverage to be in effect at any time that the watercraft is operated on a waterway in this state. (Sec. 1)
10. Requires a boat livery owner to always maintain the amounts of the prescribed insurance policy. (Sec. 2)
11. Makes technical changes. (Sec. 1)
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Initials LM/IC HB 2398
1/21/2026 Page 0 Caucus & COW
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