Minnesota Legislature
HF 1351
1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to watercraft; modifying personal watercraft 1.3 regulations; authorizing rulemaking; requiring a 1.4 personal watercraft certificate; imposing personal 1.5 watercraft restrictions; imposing a licensing 1.6 surcharge on personal watercraft; creating a personal 1.7 watercraft account; requiring a study; amending 1.8 Minnesota Statutes 1996, sections 86B.211; 86B.313, 1.9 subdivisions 1 and 3; and 86B.415, by adding a 1.10 subdivision; proposing coding for new law in Minnesota 1.11 Statutes, chapter 86B; repealing Minnesota Statutes 1.12 1996, section 86B.205, subdivision 3. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. [TITLE.] 1.15 This act shall be called the Personal Watercraft Nuisance 1.16 Control Act. 1.17 Sec. 2. Minnesota Statutes 1996, section 86B.211, is 1.18 amended to read: 1.19 86B.211 [WATER SAFETY RULES.] 1.20 The commissioner shall adopt rules that relate to: 1.21 (1) the application for, form, and numbering of watercraft 1.22 licenses; 1.23 (2) the size, form, reflectorized material, and display of 1.24 watercraft license numbers, which must comply with the 1.25 requirements of the federal watercraft numbering system; 1.26 (3) placement and regulation of docks, piers, buoys, 1.27 mooring or marking devices, and other structures in the waters 1.28 of this state; 1.29 (4) rules of the road for watercraft navigation; 2.1 (5) standards for equipment used in the towing of persons 2.2 on water skis, aquaplanes, surfboards, saucers, and other 2.3 devices; 2.4 (6) standards for lights, signals, fire extinguishers, 2.5 bilge ventilation, and lifesaving equipment; 2.6 (7) standards of safe load and power capacity; 2.7 (8) accounting, procedural, and reporting requirements for 2.8 county sheriff; 2.9 (9) designation of swimming or bathing areas; 2.10 (10) standards of safety for watercraft offered for rent, 2.11 lease, or hire; 2.12 (11) the use of surface waters of this state by watercraft 2.13 as provided and in accordance with section 86B.205, subdivision 2.14 9, paragraphs (c) and (d), including: 2.15 (i) standards and criteria for resolving conflicts in the 2.16 use of water surfaces by watercraft; 2.17 (ii) procedures for dealing with problems involving more 2.18 than one local governmental unit; 2.19 (iii) procedures for local enforcement; and 2.20 (iv) procedures for enforcing the restrictions in section 2.21 86B.205, subdivision 9, paragraph (c);and2.22 (12) procedures for issuing personal watercraft 2.23 certificates under section 86B.313, subdivision 3, including 2.24 setting fees commensurate with the costs of administering the 2.25 required instruction and testing programs; and 2.26 (13) other rules determined by the commissioner to be 2.27 necessary to implement the provisions of this chapter. 2.28 Sec. 3. Minnesota Statutes 1996, section 86B.313, 2.29 subdivision 1, is amended to read: 2.30 Subdivision 1. [GENERAL REQUIREMENTS.] In addition to 2.31 requirements of other laws relating to watercraft, it is 2.32 unlawful to operate or to permit the operation of a personal 2.33 watercraft: 2.34 (1) without each person on board the personal watercraft 2.35 wearing a United States Coast Guard approved Type I, II, III, or 2.36 V personal flotation device; 3.1 (2) between sunsetand 8:00 a.m.or 7:00 p.m., whichever 3.2 occurs sooner, and 11:00 a.m. from Friday through Sunday of each 3.3 week; 3.4 (3) at greater than slow-no wake speed within100200 feet 3.5 of: 3.6 (i) a shoreline,; 3.7 (ii) a dock,; 3.8 (iii) a swimmer,or; 3.9 (iv) a raft used for swimming or divingraft; or 3.10 (v) a moored, anchored, or nonmotorized watercraftat3.11greater than slow-no wake speed; 3.12 (4) while towing a person on water skis, a kneeboard, an 3.13 inflatable craft, or any other device unless: 3.14 (i) an observer is on board; or 3.15 (ii) the personal watercraft is equipped with 3.16 factory-installed or factory-specified accessory mirrors that 3.17 give the operator a wide field of vision to the rear; 3.18 (5) without the lanyard-type engine cutoff switch being 3.19 attached to the person, clothing, or personal flotation device 3.20 of the operator, if the personal watercraft is equipped by the 3.21 manufacturer with such a device; 3.22 (6) if any part of the spring-loaded throttle mechanism has 3.23 been removed, altered, or tampered with so as to interfere with 3.24 the return-to-idle system; 3.25 (7) to chase or harass wildlife; 3.26 (8) through emergent or floating vegetation at other than a 3.27 slow-no wake speed; 3.28 (9) in a manner that unreasonably or unnecessarily 3.29 endangers life, limb, or property, including weaving through 3.30 congested watercraft traffic, jumping the wake of another 3.31 watercraft within 100 feet of the other watercraft, or operating 3.32 the watercraft while facing backwards;or3.33 (10) in any other manner that is not reasonable and 3.34 prudent; or 3.35 (11) without a personal watercraft rules decal, issued by 3.36 the commissioner, attached to the personal watercraft so as to 4.1 be in full view and readable by the operator while underway. 4.2 Sec. 4. Minnesota Statutes 1996, section 86B.313, 4.3 subdivision 3, is amended to read: 4.4 Subd. 3. [OPERATOR'S PERMITPERSONAL WATERCRAFT 4.5 CERTIFICATE.] (a) Except as provided in paragraphs (b) and (c), 4.6 all operators of a personal watercraft must obtain and have in 4.7 possession a personal watercraft certificate. The commissioner 4.8 shall issue a personal watercraft certificate to an applicant 4.9 who is at least 13 years of age who: 4.10 (1) completes a personal watercraft education course 4.11 approved by the commissioner; 4.12 (2) passes a test on personal watercraft as prescribed by 4.13 the commissioner; and 4.14 (3) pays the required fee. 4.15 (b) The commissioner may recognize personal watercraft 4.16 certificates or their equivalent issued by other states or 4.17 countries. 4.18 (c) Except in the case of an emergency, a person 13 years 4.19 of age or over but less than 18 years of age may not operate a 4.20 personal watercraft, regardless of horsepower, without 4.21 possessing a validwatercraft operator's permitpersonal 4.22 watercraft certificate as required by this section86B.305, 4.23 unless there is a person1821 years of age or older on board 4.24 the craft who possesses a personal watercraft certificate and is 4.25 within immediate reach of the controls. In addition to the 4.26permitcertificate requirement, a person 13 years of age 4.27 operating a personal watercraft must maintain unaided 4.28 observation by a person1821 years of age or older. 4.29 (d) It is unlawful for the owner of a personal watercraft 4.30 to permit the personal watercraft to be operated contrary to 4.31 this subdivision. 4.32 Sec. 5. [86B.3133] [EXCEPTIONS; PERSONAL WATERCRAFT.] 4.33 Subdivision 1. [RIVERS.] Section 86B.313, subdivision 1, 4.34 clause (3), does not apply to the operation of a personal 4.35 watercraft on a river. It is unlawful to operate or permit the 4.36 operation of a personal watercraft on a river at greater than 5.1 slow-no wake speed within 100 feet of: 5.2 (1) a shoreline; 5.3 (2) a dock; 5.4 (3) a swimmer; 5.5 (4) a raft used for swimming or diving; or 5.6 (5) a moored, anchored, or nonmotorized watercraft. 5.7 Subd. 2. [LARGE LAKES.] Section 86B.313, subdivision 1, 5.8 clause (2), does not apply to the operation of a personal 5.9 watercraft on the following lakes, provided the personal 5.10 watercraft is operated only between sunrise and sunset over 500 5.11 feet from the shoreline or at slow-no wake speed within 500 feet 5.12 of the shoreline: 5.13 (1) Burntside; 5.14 (2) Cass; 5.15 (3) Gull chain; 5.16 (4) Kabetogama; 5.17 (5) Lake of the Woods; 5.18 (6) Lake Superior; 5.19 (7) Leech; 5.20 (8) Mille Lacs; 5.21 (9) Minnetonka; 5.22 (10) Namakan; 5.23 (11) Otter Tail; 5.24 (12) Pepin; 5.25 (13) Pelican; 5.26 (14) Pokegama; 5.27 (15) Rainy Lake; 5.28 (16) Red Lake; 5.29 (17) Vermilion; 5.30 (18) Whitefish chain; and 5.31 (19) Winnibigoshish. 5.32 Sec. 6. [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.] 5.33 Subdivision 1. [PROHIBITION.] A personal watercraft shall 5.34 not be operated in: 5.35 (1) a state wildlife management area; 5.36 (2) a body of water classified by a local zoning ordinance, 6.1 under the shoreland management classification system rules, as a 6.2 natural environment lake; 6.3 (3) on the portion of a river designated under the Wild and 6.4 Scenic Rivers Act and in Minnesota Rules, chapter 6105, with the 6.5 following exceptions: 6.6 (i) the St. Croix River; 6.7 (ii) the Mississippi River; and 6.8 (iii) Lake Byllesby on the Cannon River; or 6.9 (4) a body of water, or a portion thereof, that has unique 6.10 and significant safety hazards to personal watercraft operation 6.11 not found on other bodies of water of the same general size and 6.12 location. 6.13 Subd. 2. [IDENTIFICATION.] The commissioner shall 6.14 cooperate with county boards to identify qualifying bodies of 6.15 water under subdivision 1, clause (4). Surface water use 6.16 restrictions, if any, shall be adopted according to section 6.17 86B.205. 6.18 Subd. 3. [VIOLATION.] A personal watercraft operator shall 6.19 not be penalized for violation of this section unless the public 6.20 accesses to the body of water upon which the violation occurs 6.21 are posted with a notice of the prohibition under subdivision 1 6.22 at the time of the violation. 6.23 Sec. 7. Minnesota Statutes 1996, section 86B.415, is 6.24 amended by adding a subdivision to read: 6.25 Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $5 surcharge 6.26 per year is placed on each watercraft license issued under this 6.27 section for a personal watercraft. The fee shall be deposited 6.28 in the state treasury and credited to the personal watercraft 6.29 account created under section 86B.803. 6.30 Sec. 8. [86B.803] [PERSONAL WATERCRAFT ACCOUNT.] 6.31 Subdivision 1. [CREATION.] There is created in the state 6.32 treasury an account known as the personal watercraft account in 6.33 the natural resources fund. 6.34 Subd. 2. [PURPOSE.] The money deposited in the account and 6.35 interest earned on the money may be expended only as 6.36 appropriated by law for enhancing state and local law 7.1 enforcement capabilities related to personal watercraft and for 7.2 training volunteers to assist county and state enforcement 7.3 efforts. 7.4 Subd. 3. [DISTRIBUTION OF GRANTS.] The money distributed 7.5 to counties for personal watercraft enforcement capabilities 7.6 shall be distributed by the commissioner in the following manner: 7.7 (1) 60 percent of the money appropriated shall be 7.8 distributed to counties where more than 1,000 personal 7.9 watercraft are used on an annual basis, as determined by the 7.10 commissioner; and 7.11 (2) 40 percent of the money appropriated shall be 7.12 distributed to counties where more than 250 but fewer than 1,000 7.13 personal watercraft are used on an annual basis, as determined 7.14 by the commissioner. 7.15 Sec. 9. [STUDY.] 7.16 The office of tourism under the commissioner of trade and 7.17 economic development must study the economic effects of this act 7.18 on the tourism industry in the state and report the results to 7.19 the legislature by January 1, 1999. 7.20 Sec. 10. [REPEALER.] 7.21 Minnesota Statutes 1996, section 86B.205, subdivision 3, is 7.22 repealed. 7.23 Sec. 11. [EFFECTIVE DATE.] 7.24 (a) Effective July 1, 1997, the commissioner may begin 7.25 development of educational materials, administrative and testing 7.26 procedures, and a records program to implement the personal 7.27 watercraft certificate program under sections 2 and 4. Section 7.28 4 is effective January 1, 2000. 7.29 (b) Sections 2 and 3 are effective May 1, 1998. 7.30 (c) The remainder of this act is effective January 1, 1998.