HF 2834

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to watercraft; modifying the requirements for 
  1.3             operation of a motor boat by a youth; modifying the 
  1.4             provisions for operation of a personal watercraft by a 
  1.5             youth; requiring an advisory group report; amending 
  1.6             Minnesota Statutes 1994, sections 86B.305, 
  1.7             subdivisions 1 and 2; and 86B.313, subdivision 2. 
  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 "Aaron Sahli child boating 
  1.11  safety act." 
  1.12     Sec. 2.  Minnesota Statutes 1994, section 86B.305, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [UNDER AGE 12.] (a) Except in case of an 
  1.15  emergency, a person under age 12 may not operate or be allowed 
  1.16  to operate a watercraft propelled by a motor with a factory 
  1.17  rating of more than 30 25 horsepower unless there is present in 
  1.18  the watercraft, in addition to the operator, the operator's 
  1.19  parent or legal guardian or at least one person of the age 18 21 
  1.20  or older who is within immediate reach of the controls of the 
  1.21  motor.  For purposes of section 86B.331, the person age 21 or 
  1.22  older, as well as the actual operator, is in physical control of 
  1.23  the motorboat. 
  1.24     (b) A person under age 12 may not operate or be allowed to 
  1.25  operate a watercraft propelled by a motor with a factory rating 
  1.26  of more than 75 horsepower. 
  2.1      Sec. 3.  Minnesota Statutes 1994, section 86B.305, 
  2.2   subdivision 2, is amended to read: 
  2.3      Subd. 2.  [AGE 12 TO 17; PERMIT REQUIRED.] Except as 
  2.4   provided in this subdivision, a person age 12 or older and 
  2.5   younger than age 18 may not operate a motorboat powered by a 
  2.6   motor over 30 25 horsepower without possessing a valid 
  2.7   watercraft operator's permit from this state or from the 
  2.8   operator's state of residence unless there is a person age 18 21 
  2.9   or older in the motorboat who is within immediate reach of the 
  2.10  controls of the motor.  For purposes of section 86B.331, the 
  2.11  person age 21 or older, as well as the actual operator, is in 
  2.12  physical control of the motorboat. 
  2.13     Sec. 4.  Minnesota Statutes 1994, section 86B.313, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [AGE OF OPERATOR.] Except in the case of an 
  2.16  emergency, a person under the age of 13 years may not operate or 
  2.17  be permitted to operate a personal watercraft, regardless of 
  2.18  horsepower, unless there is a person 18 years of age or older on 
  2.19  board the craft.  It is unlawful for the owner of a personal 
  2.20  watercraft to permit the personal watercraft to be operated 
  2.21  contrary to this subdivision. 
  2.22     Sec. 5.  [ADVISORY GROUP REPORT.] 
  2.23     The department of natural resources shall continue its work 
  2.24  with a boating advisory panel, consisting of members from the 
  2.25  marine industry, boat dealers, shoreland owners, county 
  2.26  sheriffs, boat user groups, legislators, and department 
  2.27  representatives to review boating safety issues.  The department 
  2.28  shall report back to the chairs of the senate and house 
  2.29  environment and natural resources committees with any 
  2.30  recommendations for legislative changes by January 15, 1997. 
  2.31     Sec. 6.  [EFFECTIVE DATE.] 
  2.32     Sections 2, paragraph (b), 4, and 5 are effective May 1, 
  2.33  1996.  The remainder of this act is effective January 1, 1997.