67-7050. RECIPROCAL AGREEMENTS. (1) The department is authorized to enter into bilateral, reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of vessel offenses committed by residents of one (1) jurisdiction while in the other jurisdiction.

(2) The vessel offense reciprocal agreements entered into on behalf of this state with all other states legally joining therein shall be in a form substantially as follows:

ARTICLE I — FINDINGS AND DECLARATION OF POLICY

(1) The party states find that:

(a) The safety of their waters is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of vessels.

(b) Violation of such laws or ordinances is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(2) It is the policy of each of the party states to promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of vessels by their operators in each of the jurisdictions where such operators operate vessels.

ARTICLE II — DEFINITION

"State" means a state of the United States and the District of Columbia.

ARTICLE III — CONCURRENT JURISDICTION

(1) If conduct is prohibited by two (2) adjoining party states, courts and law enforcement officers in either state who have jurisdiction over vessel offenses committed where waters form a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the boundary water between the two (2) states.

(2) These reciprocal agreements will not authorize:

(a) Prosecution of any person for conduct that is unlawful in the state where it was committed, but lawful in the other party state.

(b) A prohibited conduct by the party state.

ARTICLE IV — CONSTRUCTION AND SEVERABILITY

These reciprocal agreements shall be liberally construed so as to effectuate the purposes thereof. The provisions of these reciprocal agreements shall be severable and if any phrase, clause, sentence or provision of these reciprocal agreements is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of these reciprocal agreements and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If the reciprocal agreements shall be held contrary to the constitution of any state party thereto, the reciprocal agreements shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History:

[67-7050, added 1993, ch. 252, sec. 1, p. 877.]