HF 1452

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; modifying provisions for the 
  1.3             operation of personal watercraft; requiring a personal 
  1.4             watercraft safety certificate; appropriating money; 
  1.5             amending Minnesota Statutes 1996, sections 86B.313, 
  1.6             subdivisions 1, 3, 4, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 86B.313, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
  1.11  requirements of other laws relating to watercraft, it is 
  1.12  unlawful to operate or to permit the operation of a personal 
  1.13  watercraft: 
  1.14     (1) without each person on board the personal watercraft 
  1.15  wearing a United States Coast Guard approved Type I, II, III, or 
  1.16  V personal flotation device; 
  1.17     (2) between sunset and 8:00 a.m.; 
  1.18     (3) at greater than slow-no wake speed within 100 feet of:  
  1.19     (i) a shoreline,; 
  1.20     (ii) a dock,; 
  1.21     (iii) a swimmer, or; 
  1.22     (iv) a raft used for swimming or diving raft; or 
  1.23     (v) a moored, anchored, or nonmotorized watercraft at 
  1.24  greater than slow-no wake speed; 
  1.25     (4) while towing a person on water skis, a kneeboard, an 
  1.26  inflatable craft, or any other device unless: 
  2.1      (i) an observer is on board; or 
  2.2      (ii) the personal watercraft is equipped with 
  2.3   factory-installed or factory-specified accessory mirrors that 
  2.4   give the operator a wide field of vision to the rear; 
  2.5      (5) without the lanyard-type engine cutoff switch being 
  2.6   attached to the person, clothing, or personal flotation device 
  2.7   of the operator, if the personal watercraft is equipped by the 
  2.8   manufacturer with such a device; 
  2.9      (6) if any part of the spring-loaded throttle mechanism has 
  2.10  been removed, altered, or tampered with so as to interfere with 
  2.11  the return-to-idle system; 
  2.12     (7) to chase or harass wildlife; 
  2.13     (8) through emergent or floating vegetation at other than a 
  2.14  slow-no wake speed; 
  2.15     (9) in a manner that unreasonably or unnecessarily 
  2.16  endangers life, limb, or property, including weaving through 
  2.17  congested watercraft traffic, jumping the wake of another 
  2.18  watercraft within 100 feet of the other watercraft, or operating 
  2.19  the watercraft while facing backwards; or 
  2.20     (10) in any other manner that is not reasonable and 
  2.21  prudent.; or 
  2.22     (11) without a personal watercraft rules decal, issued by 
  2.23  the commissioner, attached to the personal watercraft so as to 
  2.24  be in full view and readable by the operator while underway. 
  2.25     Sec. 2.  Minnesota Statutes 1996, section 86B.313, 
  2.26  subdivision 3, is amended to read: 
  2.27     Subd. 3.  [OPERATOR'S PERMIT.] Except in the case of an 
  2.28  emergency, a person 13 years of age or over but less than 18 
  2.29  years of age may not operate a personal watercraft, regardless 
  2.30  of horsepower, without possessing a valid watercraft operator's 
  2.31  permit as required by section 86B.305, unless there is a person 
  2.32  18 21 years of age or older on board the craft.  In addition to 
  2.33  the permit requirement, a person 13 years of age operating a 
  2.34  personal watercraft must maintain unaided observation by a 
  2.35  person 18 21 years of age or older.  It is unlawful for the 
  2.36  owner of a personal watercraft to permit the personal watercraft 
  3.1   to be operated contrary to this subdivision. 
  3.2      Sec. 3.  Minnesota Statutes 1996, section 86B.313, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 3a.  [PERSONAL WATERCRAFT SAFETY CERTIFICATE.] (a) 
  3.5   Except in the case of an emergency, a person may not operate or 
  3.6   be permitted to operate a personal watercraft, regardless of 
  3.7   horsepower, unless the person possesses a valid personal 
  3.8   watercraft safety certificate issued by the commissioner.  It is 
  3.9   also unlawful for the owner of a personal watercraft to permit 
  3.10  the personal watercraft to be operated contrary to this 
  3.11  subdivision.  
  3.12     (b) Persons less than 13 years of age may not be issued a 
  3.13  personal watercraft safety certificate.  
  3.14     (c) Persons 13 to 17 years of age may not be issued a 
  3.15  personal watercraft safety certificate unless they are in 
  3.16  possession of a valid watercraft operator's permit from this 
  3.17  state or their state of residence.  
  3.18     (d) The commissioner or designee may accept an equivalent 
  3.19  personal watercraft safety certificate from another state or 
  3.20  country.  
  3.21     (e) The personal watercraft safety certificate shall be 
  3.22  revoked concurrently with a suspension of a motorboat operating 
  3.23  privilege under sections 86B.331 and 86B.335 or a revocation of 
  3.24  a watercraft operator's permit for persons 13 to 17 years of age.
  3.25     (f) The following fees shall be charged to all persons, 
  3.26  except law enforcement or other governmental employees who are 
  3.27  assigned to use personal watercraft in their official capacity.  
  3.28  Law enforcement or other governmental employees shall be issued 
  3.29  the personal watercraft safety certificate at no cost after 
  3.30  successfully completing the written test.  All fees shall be 
  3.31  deposited in the state treasury, credited to the water 
  3.32  recreation account of the natural resources fund, and 
  3.33  appropriated for the administration and enforcement of the 
  3.34  personal watercraft safety program:  
  3.35     (1) original certificate, $10; and 
  3.36     (2) duplicate certificate, $5.  
  4.1      Sec. 4.  Minnesota Statutes 1996, section 86B.313, 
  4.2   subdivision 4, is amended to read: 
  4.3      Subd. 4.  [DEALERS AND RENTAL OPERATIONS.] (a) A dealer of 
  4.4   personal watercraft shall distribute a summary of the laws and 
  4.5   rules governing the operation of personal watercraft and, upon 
  4.6   request, shall provide instruction to a purchaser regarding: 
  4.7      (1) the laws and rules governing personal watercraft; and 
  4.8      (2) the safe operation of personal watercraft. 
  4.9      (b) A person who offers personal watercraft for rent: 
  4.10     (1) shall provide a summary of the laws and rules governing 
  4.11  the operation of personal watercraft and provide instruction 
  4.12  regarding the laws and rules and the safe operation of personal 
  4.13  watercraft to each person renting a personal watercraft; and 
  4.14     (2) shall provide a United States Coast Guard approved Type 
  4.15  I, II, III, or V personal flotation device and any other 
  4.16  required safety equipment to all persons who rent a personal 
  4.17  watercraft at no additional cost.; and 
  4.18     (3) shall require that the personal watercraft safety 
  4.19  certificate required under subdivision 3a be shown each time a 
  4.20  personal watercraft is rented and shall record the certificate 
  4.21  number on the form required in paragraph (c).  
  4.22     (c) Each dealer of personal watercraft or person offering 
  4.23  personal watercraft for rent shall have the person who purchases 
  4.24  or rents a personal watercraft sign a form provided by the 
  4.25  commissioner acknowledging that the purchaser or renter has been 
  4.26  provided a copy of the laws and rules regarding personal 
  4.27  watercraft operation and has read them.  The form must be 
  4.28  retained by the dealer or person offering personal watercraft 
  4.29  for rent for a period of six months following the date of 
  4.30  signature and must be made available for inspection by sheriff's 
  4.31  deputies or conservation officers during normal business hours.  
  4.32     Sec. 5.  [EFFECTIVE DATE.] 
  4.33     (a) Effective July 1, 1997, the commissioner shall develop 
  4.34  educational materials, administrative and testing procedures, 
  4.35  and a records program to implement the personal watercraft 
  4.36  safety certificate program under section 3 beginning January 1, 
  5.1   1998.  Section 3 is effective January 1, 2000.  
  5.2      (b) Section 4, paragraph (b), clause (3), is effective 
  5.3   January 1, 2000.  
  5.4      (c) The remainder of this act is effective January 1, 1998.