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Judge presses for clearer definitions and penalty linkage in wakeboat bill draft
Summary
Chief Superior Judge Tom Tomek reviewed a redraft of S02/24 on Feb. 12 and urged lawmakers to avoid redundant vessel language and to explicitly link penalties for wakeboat violations to the enforcement provisions in Title 23 (23 BSA 33-17(b)), including a fine structure of up to $1,000 per violation.
Chief Superior Judge Tom Tomek told the Natural Resources & Energy committee on Feb. 12 that the latest draft of S02/24 needs clearer drafting to avoid duplicating existing vessel rules and to make enforcement and penalties explicit.
Tomek, who said he reviewed version 4.2 of the draft, questioned an inserted clause that reiterates that a wakeboat is a "vessel," noting that the federal and existing state definitions already cover watercraft. "Well, the federal definition is this is a vessel," he said, arguing that repeating the definition could create confusion about which statutory penalties apply.
Tomek also reviewed the bill's enforcement language and recommended linking new violations to the existing penalty mechanism in Title 23. He pointed to the enforcement and waiver provisions found in 23 BSA 33-17(b) and recommended adding or relocating language so that violations under the new section reference the same enforcement rubric. The draft cites a provision that would expose violators to a fine "not more than $1,000 for each violation," language Tomek highlighted as needing placement within the enforcement title to ensure consistent application.
Committee members asked whether drainage and ballast-tank rules already appear in section 14-54; the group confirmed that §14-54 contains ballast/drainage restrictions and that those requirements would still apply to wakeboats even if the new draft did not repeat them. That layered approach, Tomek said, means the committee can avoid redundant text while clarifying penalties.
The committee did not take formal action on S02/24 during the meeting. Members asked staff to consider adding a cross-reference or a discrete subsection tying the new violations to the enforcement and waiver procedures under Title 23 to make the bill's penalty structure and administrative remedies clear.
The committee moved on to other agenda items and scheduled further review of draft language in a future iteration.
