HF 1351

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watercraft; modifying personal watercraft 
  1.3             regulations; imposing personal watercraft 
  1.4             restrictions; providing civil penalties; amending 
  1.5             Minnesota Statutes 1996, sections 86B.005, by adding a 
  1.6             subdivision; and 86B.313, subdivision 1; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 86B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [TITLE.] 
  1.10     This act shall be called the "Personal Watercraft Safety 
  1.11  and Courtesy Act." 
  1.12     Sec. 2.  Minnesota Statutes 1996, section 86B.005, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 16b.  [SLOW SPEED.] "Slow speed" means operation of a 
  1.15  watercraft at a leisurely speed, less than a planing speed, 
  1.16  where the wake or wash created by the watercraft is minimal. 
  1.17     Sec. 3.  Minnesota Statutes 1996, section 86B.313, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
  1.20  requirements of other laws relating to watercraft, it is 
  1.21  unlawful to operate or to permit the operation of a personal 
  1.22  watercraft: 
  1.23     (1) without each person on board the personal watercraft 
  1.24  wearing a United States Coast Guard approved Type I, II, III, or 
  1.25  V personal flotation device; 
  1.26     (2) between sunset and 8:00 a.m.; 
  2.1      (3) at greater than slow-no wake speed within 100 200 feet 
  2.2   of: 
  2.3      (i) a shoreline,; 
  2.4      (ii) a dock,; 
  2.5      (iii) a swimmer, or; 
  2.6      (iv) a raft used for swimming or diving raft; or 
  2.7      (v) a moored, anchored, or nonmotorized watercraft at 
  2.8   greater than slow-no wake speed; 
  2.9      (4) while towing a person on water skis, a kneeboard, an 
  2.10  inflatable craft, or any other device unless: 
  2.11     (i) an observer is on board; or 
  2.12     (ii) the personal watercraft is equipped with 
  2.13  factory-installed or factory-specified accessory mirrors that 
  2.14  give the operator a wide field of vision to the rear; 
  2.15     (5) without the lanyard-type engine cutoff switch being 
  2.16  attached to the person, clothing, or personal flotation device 
  2.17  of the operator, if the personal watercraft is equipped by the 
  2.18  manufacturer with such a device; 
  2.19     (6) if any part of the spring-loaded throttle mechanism has 
  2.20  been removed, altered, or tampered with so as to interfere with 
  2.21  the return-to-idle system; 
  2.22     (7) to chase or harass wildlife; 
  2.23     (8) through emergent or floating vegetation at other than a 
  2.24  slow-no wake speed; 
  2.25     (9) in a manner that unreasonably or unnecessarily 
  2.26  endangers life, limb, or property, including weaving through 
  2.27  congested watercraft traffic, jumping the wake of another 
  2.28  watercraft within 100 feet of the other watercraft, or operating 
  2.29  the watercraft while facing backwards; or 
  2.30     (10) in any other manner that is not reasonable and prudent.
  2.31     Sec. 4.  [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.] 
  2.32     Subdivision 1.  [PROHIBITION.] A personal watercraft shall 
  2.33  not be operated at a speed greater than slow speed in: 
  2.34     (1) a state wildlife management lake; or 
  2.35     (2) on a portion of a river designated under section 
  2.36  103F.325, Minnesota Rules, chapter 6105, or United States Code, 
  3.1   title 16, section 127, et seq., as amended, with the following 
  3.2   exceptions: 
  3.3      (i) the St. Croix river; and 
  3.4      (ii) the Mississippi river. 
  3.5      Subd. 2.  [VIOLATION.] A personal watercraft operator shall 
  3.6   not be penalized for violation of this section unless the public 
  3.7   accesses to the body of water upon which the violation occurs 
  3.8   are posted with a notice of the prohibition under subdivision 1 
  3.9   at the time of the violation. 
  3.10     Sec. 5.  [86B.3136] [CIVIL PENALTIES.] 
  3.11     Subdivision 1.  [VIOLATIONS.] (a) Any of the following acts 
  3.12  constitutes a civil violation: 
  3.13     (1) operation of a personal watercraft for more than 30 
  3.14  continuous minutes within 200 feet of an occupied shoreline, 
  3.15  with a penalty of $75 for the first violation and $100 for the 
  3.16  second and each subsequent violation; 
  3.17     (2) operation of a personal watercraft at times, locations, 
  3.18  or in a manner other than allowed by law, rule, or ordinance, 
  3.19  with a penalty of $50 for the first violation and $75 for the 
  3.20  second and each subsequent violation; 
  3.21     (3) operation of a personal watercraft in a "slow-no wake" 
  3.22  zone, within 200 feet of shore, or in any other regulated zone 
  3.23  in excess of allowable speed, with a penalty of $50 for the 
  3.24  first violation and $75 for the second and each subsequent 
  3.25  violation; and 
  3.26     (4) operation of a personal watercraft following 
  3.27  cancellation of the personal watercraft certificate, with a 
  3.28  penalty of $500 for the first violation and $1,000 for the 
  3.29  second and each subsequent violation. 
  3.30     (b) Any combination of three civil citations under this 
  3.31  section shall result in permanent cancellation of the personal 
  3.32  watercraft certificate of the person receiving the citations. 
  3.33     Subd. 2.  [OTHER PENALTIES.] Issuance of a civil penalty 
  3.34  does not eliminate any other penalty or sanction provided by 
  3.35  law, rule, or ordinance, except that a single course of conduct 
  3.36  may result in either criminal or civil sanctions but not both. 
  4.1      Subd. 3.  [PAYMENT.] Civil penalties shall be payable to 
  4.2   the commissioner of natural resources within 30 days.  Funds 
  4.3   derived from civil penalties shall be deposited in the water 
  4.4   recreation account of the natural resources fund. 
  4.5      Subd. 4.  [APPEALS.] Civil penalties may be appealed 
  4.6   provided a written appeal is filed with the commissioner of 
  4.7   natural resources within 15 days of the issuance of the civil 
  4.8   penalty demand.  Appeal procedures shall be pursuant to section 
  4.9   116.072, subdivision 6.  If a hearing is not requested within 
  4.10  the 15-day period, the citation becomes a final order not 
  4.11  subject to further review. 
  4.12     Subd. 5.  [AUTHORITY TO ISSUE.] Civil citations under this 
  4.13  section may be issued by all peace officers.  The authority to 
  4.14  issue civil citations is in addition to other remedies available 
  4.15  under law, rule, or ordinance, except that a peace officer may 
  4.16  not seek both criminal and civil penalties for the same incident.
  4.17     Subd. 6.  [ENFORCEMENT; REVOCATION.] Civil citations may be 
  4.18  enforced under section 116.072, subdivision 9.  If a person 
  4.19  fails to pay a penalty owed under this section, the person's 
  4.20  personal watercraft certificate is revoked until the penalty is 
  4.21  paid and the person is notified in writing by the commissioner 
  4.22  that they may resume operation of a personal watercraft. 
  4.23     Sec. 6.  [86B.314] [RESTRICTIONS; LOCAL AUTHORITY.] 
  4.24     Subdivision 1.  [WATER BODIES 200 ACRES OR LESS.] No 
  4.25  personal watercraft may be operated on a lake in the state that 
  4.26  is 200 acres or less, as designated by the commissioner, unless 
  4.27  the local unit of government where an exempted lake is located 
  4.28  authorizes personal watercraft use. 
  4.29     Subd. 2.  [SLOW SPEED.] A personal watercraft may not be 
  4.30  operated at greater than slow speed between the hours of 8:00 
  4.31  a.m. and 10:00 a.m. and between 7:00 p.m. to sunset, unless the 
  4.32  appropriate local unit of government authorizes a greater speed. 
  4.33     Sec. 7.  [EFFECTIVE DATE.] 
  4.34     Sections 1 to 5 are effective May 1, 1998.  Section 6 is 
  4.35  effective January 1, 1999.