HF 1352

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watercraft; increasing fines for placing 
  1.3             exotic species in waters of the state; modifying 
  1.4             provisions relating to water surface use ordinances; 
  1.5             modifying personal watercraft regulations; imposing 
  1.6             personal watercraft restrictions; imposing a licensing 
  1.7             surcharge on personal watercraft; creating a personal 
  1.8             watercraft enforcement account; providing civil 
  1.9             penalties; amending Minnesota Statutes 1996, sections 
  1.10            84D.13, subdivision 5; 86B.205, subdivision 4, and by 
  1.11            adding a subdivision; 86B.211; 86B.313, subdivisions 
  1.12            1, 2, and 3; and 86B.415, by adding a subdivision; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 86B; repealing Minnesota Statutes 1996, 
  1.15            section 86B.205, subdivision 3. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [TITLE.] 
  1.18     This act shall be called the Personal Watercraft Nuisance 
  1.19  Control Act. 
  1.20     Sec. 2.  Minnesota Statutes 1996, section 84D.13, 
  1.21  subdivision 5, is amended to read: 
  1.22     Subd. 5.  [CIVIL PENALTIES.] A civil citation issued under 
  1.23  this section may impose civil penalties up to the following 
  1.24  penalty amounts: 
  1.25     (1) for transporting aquatic macrophytes on a forest road 
  1.26  as defined by section 89.001, subdivision 14, road or highway as 
  1.27  defined by section 160.02, subdivision 7, or any other public 
  1.28  road, $50; 
  1.29     (2) for placing or attempting to place into waters of the 
  1.30  state a watercraft, a trailer, or plant harvesting equipment 
  2.1   that has aquatic macrophytes attached, $100 $200; 
  2.2      (3) for transporting a prohibited exotic species other than 
  2.3   an aquatic macrophyte, $100 $200; 
  2.4      (4) for placing or attempting to place into waters of the 
  2.5   state a watercraft, a trailer, or plant harvesting equipment 
  2.6   that has prohibited exotic species attached when the waters are 
  2.7   not designated by the commissioner as being infested with that 
  2.8   species, $500 $750 for the first offense and $1,000 $1,500 for 
  2.9   each subsequent offense; 
  2.10     (5) for angling, anchoring, or operating a watercraft in a 
  2.11  marked area of a Eurasian water milfoil limited infestation, 
  2.12  other than as provided by law, $100; and 
  2.13     (6) for intentionally damaging, moving, removing, or 
  2.14  sinking a buoy marking, as prescribed by rule, Eurasian water 
  2.15  milfoil, $100. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 86B.205, 
  2.17  subdivision 4, is amended to read: 
  2.18     Subd. 4.  [APPROVAL REVIEW AND NOTICE OF ORDINANCES.] A 
  2.19  proposed surface use zoning ordinance must be submitted to the 
  2.20  commissioner for review and approval before adoption.  The 
  2.21  commissioner must approve or may disapprove the proposed 
  2.22  ordinance only if the commissioner makes a finding that the 
  2.23  proposed ordinance does not utilize state water resources in the 
  2.24  best interest of the public.  The commissioner must disapprove a 
  2.25  proposed ordinance within 120 60 days after receiving it.  If 
  2.26  the commissioner disapproves the proposed ordinance, the 
  2.27  commissioner must return it to the local governmental unit with 
  2.28  a written statement of the reasons for disapproval.  The county 
  2.29  board shall notify the commissioner in writing within 30 days of 
  2.30  the adoption of an ordinance under subdivision 2. 
  2.31     Sec. 4.  Minnesota Statutes 1996, section 86B.205, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 10.  [ORDINANCE SIGNS.] The commissioner shall supply 
  2.34  a county with signs that notify water surface users of any 
  2.35  ordinance adopted under subdivision 2.  For ordinances adopted 
  2.36  prior to the effective date of this subdivision, the 
  3.1   commissioner shall supply affected counties with signs no later 
  3.2   than May 1, 1999.  
  3.3      Sec. 5.  Minnesota Statutes 1996, section 86B.211, is 
  3.4   amended to read: 
  3.5      86B.211 [WATER SAFETY RULES.] 
  3.6      The commissioner shall adopt rules that relate to: 
  3.7      (1) the application for, form, and numbering of watercraft 
  3.8   licenses; 
  3.9      (2) the size, form, reflectorized material, and display of 
  3.10  watercraft license numbers, which must comply with the 
  3.11  requirements of the federal watercraft numbering system; 
  3.12     (3) placement and regulation of docks, piers, buoys, 
  3.13  mooring or marking devices, and other structures in the waters 
  3.14  of this state; 
  3.15     (4) rules of the road for watercraft navigation; 
  3.16     (5) standards for equipment used in the towing of persons 
  3.17  on water skis, aquaplanes, surfboards, saucers, and other 
  3.18  devices; 
  3.19     (6) standards for lights, signals, fire extinguishers, 
  3.20  bilge ventilation, and lifesaving equipment; 
  3.21     (7) standards of safe load and power capacity; 
  3.22     (8) accounting, procedural, and reporting requirements for 
  3.23  county sheriff; 
  3.24     (9) designation of swimming or bathing areas; 
  3.25     (10) standards of safety for watercraft offered for rent, 
  3.26  lease, or hire; 
  3.27     (11) the use of surface waters of this state by watercraft 
  3.28  as provided and in accordance with section 86B.205, subdivision 
  3.29  9, paragraphs (c) and (d), including: 
  3.30     (i) standards and criteria for resolving conflicts in the 
  3.31  use of water surfaces by watercraft; 
  3.32     (ii) procedures for dealing with problems involving more 
  3.33  than one local governmental unit; 
  3.34     (iii) procedures for local enforcement; and 
  3.35     (iv) procedures for enforcing the restrictions in section 
  3.36  86B.205, subdivision 9, paragraph (c); and 
  4.1      (12) procedures for issuing operating permits under section 
  4.2   86B.313, subdivision 3, including setting fees commensurate with 
  4.3   the costs of administering the required instruction and testing 
  4.4   programs; and 
  4.5      (13) other rules determined by the commissioner to be 
  4.6   necessary to implement the provisions of this chapter.  
  4.7      Sec. 6.  Minnesota Statutes 1996, section 86B.313, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
  4.10  requirements of other laws relating to watercraft, it is 
  4.11  unlawful to operate or to permit the operation of a personal 
  4.12  watercraft: 
  4.13     (1) without each person on board the personal watercraft 
  4.14  wearing a United States Coast Guard approved Type I, II, III, or 
  4.15  V personal flotation device; 
  4.16     (2) between sunset and 8:00 a.m. or 7 p.m., whichever 
  4.17  occurs sooner, and 11 a.m.; 
  4.18     (3) at greater than slow-no wake speed within 100 250 feet 
  4.19  of: 
  4.20     (i) a shoreline,; 
  4.21     (ii) a dock,; 
  4.22     (iii) a swimmer, or; 
  4.23     (iv) a raft used for swimming or diving raft; or 
  4.24     (v) a moored, anchored, or nonmotorized watercraft at 
  4.25  greater than slow-no wake speed; 
  4.26     (4) while towing a person on water skis, a kneeboard, an 
  4.27  inflatable craft, or any other device unless: 
  4.28     (i) an observer is on board; or 
  4.29     (ii) the personal watercraft is equipped with 
  4.30  factory-installed or factory-specified accessory mirrors that 
  4.31  give the operator a wide field of vision to the rear; 
  4.32     (5) without the lanyard-type engine cutoff switch being 
  4.33  attached to the person, clothing, or personal flotation device 
  4.34  of the operator, if the personal watercraft is equipped by the 
  4.35  manufacturer with such a device; 
  4.36     (6) if any part of the spring-loaded throttle mechanism has 
  5.1   been removed, altered, or tampered with so as to interfere with 
  5.2   the return-to-idle system; 
  5.3      (7) to chase or harass wildlife; 
  5.4      (8) through emergent or floating vegetation at other than a 
  5.5   slow-no wake speed; 
  5.6      (9) in a manner that unreasonably or unnecessarily 
  5.7   endangers life, limb, or property, including weaving through 
  5.8   congested watercraft traffic, jumping the wake of another 
  5.9   watercraft within 100 feet of the other watercraft, or operating 
  5.10  the watercraft while facing backwards; or 
  5.11     (10) in any other manner that is not reasonable and 
  5.12  prudent.; or 
  5.13     (11) without a personal watercraft rules decal, issued by 
  5.14  the commissioner, attached to the personal watercraft so as to 
  5.15  be in full view and readable by the operator while underway.  
  5.16     Sec. 7.  Minnesota Statutes 1996, section 86B.313, 
  5.17  subdivision 2, is amended to read: 
  5.18     Subd. 2.  [AGE OF OPERATOR.] (a) Except in the case of an 
  5.19  emergency, a person under the age of 13 years may not operate or 
  5.20  be permitted to operate a personal watercraft, regardless of 
  5.21  horsepower.  
  5.22     (b) Except in the case of an emergency, a person 13 years 
  5.23  of age or over but less than 16 years of age may not operate a 
  5.24  personal watercraft propelled by a motor with a factory rating 
  5.25  of more than 80 horsepower.  
  5.26     (c) It is unlawful for the owner of a personal watercraft 
  5.27  to permit the personal watercraft to be operated contrary to 
  5.28  this subdivision. 
  5.29     Sec. 8.  Minnesota Statutes 1996, section 86B.313, 
  5.30  subdivision 3, is amended to read: 
  5.31     Subd. 3.  [OPERATOR'S PERMIT.] (a) Except as provided in 
  5.32  paragraph (b), all operators of a personal watercraft must 
  5.33  obtain and have in possession an operator's permit.  The 
  5.34  commissioner shall issue an operator's permit to an applicant 
  5.35  who: 
  5.36     (1) completes an instructional course approved by the 
  6.1   commissioner on the operation of personal watercraft; 
  6.2      (2) passes a test on the operation of personal watercraft; 
  6.3   and 
  6.4      (3) pays the required fee.  
  6.5      (b) Except in the case of an emergency, a person 13 years 
  6.6   of age or over but less than 18 16 years of age may not operate 
  6.7   a personal watercraft, regardless of horsepower, without 
  6.8   possessing a valid watercraft operator's permit as required 
  6.9   by this section 86B.305, unless there is a person 18 21 years of 
  6.10  age or older on board the craft who possesses an operator's 
  6.11  permit and is within immediate reach of the controls of the 
  6.12  motor.  In addition to the permit requirement, a person 13 years 
  6.13  of age operating a personal watercraft must maintain unaided 
  6.14  observation by a person 18 21 years of age or older.  
  6.15     (c) It is unlawful for the owner of a personal watercraft 
  6.16  to permit the personal watercraft to be operated contrary to 
  6.17  this subdivision. 
  6.18     Sec. 9.  [86B.3133] [EXCEPTIONS; PERSONAL WATERCRAFT.] 
  6.19     Subdivision 1.  [RIVERS.] Section 86B.313, subdivision 1, 
  6.20  clauses (2) and (3), do not apply to the operation of a personal 
  6.21  watercraft on a river.  It is unlawful to operate or permit the 
  6.22  operation of a personal watercraft on a river at greater than 
  6.23  slow-no wake speed within 100 feet of: 
  6.24     (1) a shoreline; 
  6.25     (2) a dock; 
  6.26     (3) a swimmer; 
  6.27     (4) a raft used for swimming or diving; or 
  6.28     (5) a moored, anchored, or nonmotorized watercraft. 
  6.29     Subd. 2.  [LARGE LAKES.] Section 86B.313, subdivision 1, 
  6.30  clause (2), does not apply to the operation of a personal 
  6.31  watercraft on the following lakes, provided the personal 
  6.32  watercraft is operated over 500 feet from the shoreline: 
  6.33     (1) Burntside; 
  6.34     (2) Cass; 
  6.35     (3) Gull chain; 
  6.36     (4) Kabetogama; 
  7.1      (5) Lake of the Woods; 
  7.2      (6) Lake Superior; 
  7.3      (7) Leech; 
  7.4      (8) Mille Lacs; 
  7.5      (9) Minnetonka; 
  7.6      (10) Namakan; 
  7.7      (11) Otter Tail; 
  7.8      (12) Pepin; 
  7.9      (13) Pelican; 
  7.10     (14) Pokegama; 
  7.11     (15) Rainy Lake; 
  7.12     (16) Red Lake; 
  7.13     (17) Vermillion; 
  7.14     (18) Whitefish chain; and 
  7.15     (19) Winnibigoshish. 
  7.16     Subd. 3.  [SLOW-NO WAKE SPEED.] Section 86B.313, 
  7.17  subdivision 1, clause (2), does not apply to the operation of a 
  7.18  personal watercraft at slow-no wake speed. 
  7.19     Sec. 10.  [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.] 
  7.20     Subdivision 1.  [PROHIBITION.] A personal watercraft shall 
  7.21  not be operated in: 
  7.22     (1) a state wildlife management area; 
  7.23     (2) a body of water classified as environmental under a 
  7.24  local zoning ordinance; 
  7.25     (3) a body of water that is known to have safety hazards 
  7.26  for personal watercraft operators; or 
  7.27     (4) a body of water in which the operation of personal 
  7.28  watercraft creates a significant risk to public health or safety.
  7.29     Subd. 2.  [IDENTIFICATION.] The commissioner shall 
  7.30  cooperate with county boards to identify qualifying bodies of 
  7.31  water under subdivision 1, clauses (3) and (4).  Surface water 
  7.32  use restrictions shall be adopted according to section 86B.205. 
  7.33     Subd. 3.  [VIOLATION.] A personal watercraft operator shall 
  7.34  not be penalized for violation of this section unless the public 
  7.35  accesses to the body of water upon which the violation occurs 
  7.36  are posted with a notice of the prohibition under subdivision 1 
  8.1   at the time of the violation.  
  8.2      Sec. 11.  [86B.3138] [PERSONAL WATERCRAFT; DISPLAY OF 
  8.3   LICENSE NUMBER.] 
  8.4      The license number of a personal watercraft shall be 
  8.5   displayed as required by rule adopted under section 86B.211, 
  8.6   except that the letters and numerals shall not be less than four 
  8.7   inches in height.  
  8.8      Sec. 12.  Minnesota Statutes 1996, section 86B.415, is 
  8.9   amended by adding a subdivision to read: 
  8.10     Subd. 7a.  [PERSONAL WATERCRAFT SURCHARGE.] A $5 surcharge 
  8.11  is placed on each watercraft license issued under this section 
  8.12  for a personal watercraft.  The fee shall be deposited in the 
  8.13  state treasury and credited to the county water patrol account 
  8.14  created under section 86B.803.  
  8.15     Sec. 13.  [86B.803] [COUNTY WATER PATROL ACCOUNT.] 
  8.16     Subdivision 1.  [CREATION.] There is created in the state 
  8.17  treasury an account known as the county water patrol account in 
  8.18  the natural resources fund.  
  8.19     Subd. 2.  [PURPOSE.] The money deposited in the account and 
  8.20  interest earned on the money may be expended only as 
  8.21  appropriated by law for a grant-in-aid program to counties for 
  8.22  enhancing enforcement capabilities related to personal 
  8.23  watercraft and for training volunteers to assist county and 
  8.24  state enforcement efforts.  
  8.25     Subd. 3.  [DISTRIBUTION OF GRANTS.] The commissioner shall 
  8.26  distribute the money appropriated from the account in the 
  8.27  following manner: 
  8.28     (1) 60 percent of the money appropriated shall be 
  8.29  distributed to counties where more than 1,000 personal 
  8.30  watercraft are used on an annual basis, as determined by the 
  8.31  commissioner; and 
  8.32     (2) 40 percent of the money appropriated shall be 
  8.33  distributed to counties where more than 250 but fewer than 1,000 
  8.34  personal watercraft are used on an annual basis, as determined 
  8.35  by the commissioner. 
  8.36     Sec. 14.  [REPEALER.] 
  9.1      Minnesota Statutes 1996, section 86B.205, subdivision 3, is 
  9.2   repealed. 
  9.3      Sec. 15.  [EFFECTIVE DATE.] 
  9.4      Sections 1 to 14 are effective May 1, 1998.