HF 1690

1st 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; requiring a personal watercraft 
  1.4             certificate; imposing a licensing surcharge on 
  1.5             personal watercraft; creating a personal watercraft 
  1.6             account; requiring a study; providing criminal and 
  1.7             civil penalties; amending Minnesota Statutes 1996, 
  1.8             sections 86B.005, subdivision 14a, and by adding a 
  1.9             subdivision; 86B.313, subdivisions 1, 3, and by adding 
  1.10            subdivisions; and 86B.415, by adding a subdivision; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 86B. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1 
  1.15                          STATEWIDE POLICY 
  1.16     Section 1.  [TITLE.] 
  1.17     This act shall be called the Personal Watercraft Safety and 
  1.18  Courtesy Control Act. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 86B.005, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 8a.  [SLOW SPEED.] "Slow speed" means operation of a 
  1.22  watercraft at a leisurely speed, less than a planing speed, 
  1.23  where the wake or wash created by the watercraft is minimal. 
  1.24     Sec. 3.  Minnesota Statutes 1996, section 86B.005, 
  1.25  subdivision 14a, is amended to read: 
  1.26     Subd. 14a.  [PERSONAL WATERCRAFT.] "Personal watercraft" 
  1.27  means a motorboat watercraft that: 
  1.28     (1) is powered by an inboard motor powering a water jet 
  1.29  pump or by an outboard or propeller-driven motor; and 
  2.1      (2) is designed to be operated by a person or persons 
  2.2   sitting, standing, or kneeling on the craft, rather than in the 
  2.3   conventional manner of sitting or standing inside a motorboat. 
  2.4      Sec. 4.  Minnesota Statutes 1996, section 86B.313, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [GENERAL REQUIREMENTS.] In addition to 
  2.7   requirements of other laws relating to watercraft, it is 
  2.8   unlawful to operate or to permit the operation of a personal 
  2.9   watercraft: 
  2.10     (1) without each person on board the personal watercraft 
  2.11  wearing a United States Coast Guard approved Type I, II, III, or 
  2.12  V personal flotation device; 
  2.13     (2) between sunset and 8:00 a.m.; 
  2.14     (3) at greater than slow-no wake speed within 100 200 feet 
  2.15  of: 
  2.16     (i) a shoreline,; 
  2.17     (ii) a dock,; 
  2.18     (iii) a swimmer, or; 
  2.19     (iv) a raft used for swimming or diving raft; or 
  2.20     (v) a moored, anchored, or nonmotorized watercraft at 
  2.21  greater than slow-no wake speed; 
  2.22     (4) while towing a person on water skis, a kneeboard, an 
  2.23  inflatable craft, or any other device unless: 
  2.24     (i) an observer is on board; or 
  2.25     (ii) the personal watercraft is equipped with 
  2.26  factory-installed or factory-specified accessory mirrors that 
  2.27  give the operator a wide field of vision to the rear; 
  2.28     (5) without the lanyard-type engine cutoff switch being 
  2.29  attached to the person, clothing, or personal flotation device 
  2.30  of the operator, if the personal watercraft is equipped by the 
  2.31  manufacturer with such a device; 
  2.32     (6) if any part of the spring-loaded throttle mechanism has 
  2.33  been removed, altered, or tampered with so as to interfere with 
  2.34  the return-to-idle system; 
  2.35     (7) to chase or harass wildlife; 
  2.36     (8) through emergent or floating vegetation at other than a 
  3.1   slow-no wake speed; 
  3.2      (9) in a manner that unreasonably or unnecessarily 
  3.3   endangers life, limb, or property, including weaving through 
  3.4   congested watercraft traffic, jumping the wake of another 
  3.5   watercraft within 100 feet of the other watercraft, or operating 
  3.6   the watercraft while facing backwards; or 
  3.7      (10) in any other manner that is not reasonable and prudent.
  3.8      Sec. 5.  Minnesota Statutes 1996, section 86B.313, is 
  3.9   amended by adding a subdivision to read: 
  3.10     Subd. 2a.  [RULES DECAL.] A personal watercraft may not be 
  3.11  operated without a personal watercraft rules decal, issued by 
  3.12  the commissioner, attached to the personal watercraft so as to 
  3.13  be in full view and readable by the operator while underway. 
  3.14     Sec. 6.  Minnesota Statutes 1996, section 86B.313, 
  3.15  subdivision 3, is amended to read: 
  3.16     Subd. 3.  [OPERATOR'S PERMIT PERSONAL WATERCRAFT 
  3.17  CERTIFICATE.] (a) Except as provided in paragraphs (c) and (d), 
  3.18  all operators of a personal watercraft, whether rented, owned, 
  3.19  or borrowed for use, must obtain and have in possession a 
  3.20  personal watercraft certificate.  The commissioner shall issue a 
  3.21  personal watercraft certificate to an applicant who is at least 
  3.22  16 years of age who: 
  3.23     (1) completes a personal watercraft education course 
  3.24  approved by the commissioner; 
  3.25     (2) passes a test on personal watercraft as prescribed by 
  3.26  the commissioner; and 
  3.27     (3) pays the required fee. 
  3.28     (b) The certificates must be issued by the commissioner by 
  3.29  May 1, 2000, to operators between the ages of 16 and 25 years, 
  3.30  and by May 1, 2001, to operators over the age of 25 years. 
  3.31     (c) The commissioner may recognize personal watercraft 
  3.32  certificates or their equivalent issued by other states or 
  3.33  countries. 
  3.34     (d) Except in the case of an emergency, a person 13 16 
  3.35  years of age or over but less than 18 years of age may not 
  3.36  operate a personal watercraft, regardless of horsepower, without 
  4.1   possessing a valid watercraft operator's permit personal 
  4.2   watercraft certificate as required by this section 86B.305, 
  4.3   unless there is a person 18 21 years of age or older on board 
  4.4   the craft who possesses a personal watercraft certificate and to 
  4.5   whom the watercraft's kill switch is attached.  In addition to 
  4.6   the permit requirement, a person 13 years of age operating a 
  4.7   personal watercraft must maintain unaided observation by a 
  4.8   person 18 years of age or older.  
  4.9      (e) It is unlawful for the owner of a personal watercraft 
  4.10  to permit the personal watercraft to be operated contrary to 
  4.11  this subdivision. 
  4.12     (f) The fee for acquiring a personal watercraft certificate 
  4.13  is $5.  The fee must be deposited in a separate account in the 
  4.14  natural resources fund and used for the purposes of training and 
  4.15  testing personal watercraft operators. 
  4.16     Sec. 7.  Minnesota Statutes 1996, section 86B.313, is 
  4.17  amended by adding a subdivision to read: 
  4.18     Subd. 5.  [CITIZEN COMPLAINTS; NUISANCE.] (a) An owner of 
  4.19  lakeshore in this state, or a renter or guest of a lakeshore 
  4.20  owner, may register a complaint for appropriate action with a 
  4.21  local law enforcement officer if any personal watercraft is 
  4.22  operated in one specific area of a lake for more than 30 
  4.23  consecutive minutes. 
  4.24     (b) Operation of a personal watercraft in one specific area 
  4.25  of a lake for more than 30 consecutive minutes is a public 
  4.26  nuisance under section 609.74. 
  4.27     Sec. 8.  [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.] 
  4.28     Subdivision 1.  [PROHIBITION.] A personal watercraft shall 
  4.29  not be operated at a speed greater than slow speed in: 
  4.30     (1) a state wildlife management area; or 
  4.31     (2) on a portion of a river designated under section 
  4.32  103F.325, Minnesota Rules, chapter 6105, or United States Code, 
  4.33  title 16, section 127, et seq., as amended, with the following 
  4.34  exceptions: 
  4.35     (i) the St. Croix river; and 
  4.36     (ii) the Mississippi river. 
  5.1      Subd. 2.  [VIOLATION.] A personal watercraft operator shall 
  5.2   not be penalized for violation of this section unless the public 
  5.3   accesses to the body of water upon which the violation occurs 
  5.4   are posted with a notice of the prohibition under subdivision 1 
  5.5   at the time of the violation. 
  5.6      Sec. 9.  [86B.3136] [CIVIL PENALTY.] 
  5.7      Subdivision 1.  [APPLICATION.] (a) Any of the following 
  5.8   acts constitutes a civil violation: 
  5.9      (1) operation of a personal watercraft for more than 30 
  5.10  continuous minutes within 200 feet of an occupied shoreline, 
  5.11  with a penalty of $75 for the first infraction and $100 for the 
  5.12  second and each subsequent infraction; 
  5.13     (2) operation of a personal watercraft at times, locations, 
  5.14  or in a manner other than allowed by law, rule, or ordinance, 
  5.15  with a penalty of $50 for the first infraction and $75 for the 
  5.16  second and each subsequent infraction; 
  5.17     (3) operation of a personal watercraft in a "slow-no wake" 
  5.18  zone, within 200 feet of shore, or in any other regulated zone 
  5.19  in excess of allowable speed, with a penalty of $50 for the 
  5.20  first infraction and $75 for the second and each subsequent 
  5.21  infraction; and 
  5.22     (4) operation of a personal watercraft following revocation 
  5.23  of the personal watercraft certificate, with a penalty of $500 
  5.24  for the first infraction and $1,000 for the second and each 
  5.25  subsequent infraction. 
  5.26     (b) Any combination of three civil citations under this 
  5.27  section shall result in the revocation of the personal 
  5.28  watercraft certificate of the person receiving the citations. 
  5.29     Subd. 2.  [ISSUANCE.] Issuance of a civil penalty does not 
  5.30  eliminate any other penalty or sanction provided by law, rule, 
  5.31  or ordinance, except that a single course of conduct may result 
  5.32  in either criminal or civil sanctions but not both. 
  5.33     Subd. 3.  [PAYMENT.] Civil penalties shall be payable to 
  5.34  the commissioner of natural resources within 30 days.  Funds 
  5.35  derived from civil penalties shall be deposited in the water 
  5.36  recreation account of the natural resources fund. 
  6.1      Subd. 4.  [APPEALS.] Civil penalties may be appealed 
  6.2   provided a written appeal is filed with the commissioner of 
  6.3   natural resources within 15 days of the issuance of the civil 
  6.4   penalty demand.  Appeal procedures shall be pursuant to 
  6.5   Minnesota Statutes, section 116.072, subdivision 6. 
  6.6      Subd. 5.  [OTHER REMEDIES.] Nothing in this section shall 
  6.7   be construed to limit the ability of law enforcement officers to 
  6.8   apply appropriate remedies as provided by law, rule, or 
  6.9   ordinance. 
  6.10     Subd. 6.  [ENFORCEMENT.] This section may be enforced by 
  6.11  all peace officers. 
  6.12     Sec. 10.  [EFFECTIVE DATE.] 
  6.13     (a) Effective April 1, 1998, the commissioner may begin 
  6.14  development of educational materials, administrative and testing 
  6.15  procedures, and a records program to implement the personal 
  6.16  watercraft certificate program under section 6. 
  6.17     (b) Sections 1 to 9 are effective May 1, 1998. 
  6.18                             ARTICLE 2 
  6.19                          LOCAL AUTHORITY 
  6.20     Section 1.  [86B.314] [LOCAL AUTHORITY.] 
  6.21     Subdivision 1.  [WATER BODIES 200 ACRES OR LESS.] No 
  6.22  personal watercraft may be operated on a lake in the state that 
  6.23  is 200 acres or less, as designated by the commissioner, unless 
  6.24  the local unit of government where an exempted lake is located 
  6.25  authorizes personal watercraft use. 
  6.26     Subd. 2.  [SLOW SPEED.] A personal watercraft may not be 
  6.27  operated at greater than slow speed between the hours of 8:00 
  6.28  a.m. and 10:00 a.m. and between 7:00 p.m. to sunset, unless the 
  6.29  appropriate local unit of government authorizes a greater speed. 
  6.30     Sec. 2.  [EFFECTIVE DATE.] 
  6.31     Section 1 is effective January 1, 1999. 
  6.32                             ARTICLE 3 
  6.33                  FEES, GRANTS, AND APPROPRIATIONS 
  6.34     Section 1.  Minnesota Statutes 1996, section 86B.415, is 
  6.35  amended by adding a subdivision to read: 
  6.36     Subd. 7a.  [PERSONAL WATERCRAFT SURCHARGE.] A $30 surcharge 
  7.1   for every three-year period is placed on each personal 
  7.2   watercraft license issued under this section.  The fee shall be 
  7.3   deposited in the state treasury and credited to the personal 
  7.4   watercraft account created under section 86B.803.  
  7.5      Sec. 2.  [86B.803] [PERSONAL WATERCRAFT ACCOUNT.] 
  7.6      Subdivision 1.  [CREATION.] There is created in the state 
  7.7   treasury an account known as the personal watercraft account in 
  7.8   the natural resources fund. 
  7.9      Subd. 2.  [PURPOSE.] The money deposited in the account and 
  7.10  interest earned on the money may be expended only as 
  7.11  appropriated by law for enhancing state and local law 
  7.12  enforcement capabilities related to personal watercraft and for 
  7.13  training volunteers to assist county and state enforcement 
  7.14  efforts. 
  7.15     Subd. 3.  [DISTRIBUTION OF FUNDS.] (a) Ten percent annually 
  7.16  of the money credited to the account under section 86B.415, 
  7.17  subdivision 7a, shall be used by the commissioner for purposes 
  7.18  of this act.  
  7.19     (b) The money distributed to counties for personal 
  7.20  watercraft enforcement capabilities shall be distributed by the 
  7.21  commissioner in the following manner: 
  7.22     (1) 55 percent of the money appropriated shall be 
  7.23  distributed to counties where more than 1,000 personal 
  7.24  watercraft are used on an annual basis, as determined by the 
  7.25  commissioner; and 
  7.26     (2) 35 percent of the money appropriated shall be 
  7.27  distributed to counties where more than 250 but fewer than 1,000 
  7.28  personal watercraft are used on an annual basis, as determined 
  7.29  by the commissioner. 
  7.30     (c) Counties must have a citizen or volunteer water patrol 
  7.31  certified by the commissioner, or have one in completion stage, 
  7.32  by July 1, 1999, in order to be eligible for funding under 
  7.33  paragraph (b). 
  7.34                             ARTICLE 4 
  7.35                           MISCELLANEOUS 
  7.36     Section 1.  [STUDY.] 
  8.1      The commissioner and nongame section of the department of 
  8.2   natural resources must survey and analyze the impact of personal 
  8.3   watercraft on loons in waters where loon nesting exists and 
  8.4   report to the house and senate environment policy committees by 
  8.5   January 1, 1999.