Minnesota Legislature
SF 1718
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 03:06pm
Current Version - as introduced
1.7 1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20
3.21 3.22
A bill for an act
relating to natural resources; modifying requirements for watercraft operator's
permit; amending Minnesota Statutes 2020, sections 86B.125, by adding a
subdivision; 86B.305; 86B.313, subdivision 4; repealing Minnesota Statutes 2020,
section 86B.313, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 86B.125, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Watercraft operator's permit number; record keeping. new text end
new text begin
The records required
under subdivision 2 must include the watercraft operator's permit number for any person
required to have a watercraft operator's permit under section 86B.305.
new text end
Sec. 2.
Minnesota Statutes 2020, section 86B.305, is amended to read:
86B.305 deleted text begin YOUTHdeleted text end new text begin WATERCRAFTnew text end OPERATORSnew text begin PERMITnew text end .
Subdivision 1.
Under age 12.
(a) Except in case of an emergency, a person under age
12 may not operate or be allowed to operate a new text begin motorboat, including a personal new text end watercraft
deleted text begin propelled by a motor with a factory rating of more than 25 horsepowerdeleted text end new text begin ,new text end unless there is
present innew text begin or onnew text end the watercraft, in addition to the operator, at least one deleted text begin persondeleted text end new text begin parent or
guardiannew text end age deleted text begin 21deleted text end new text begin 18new text end or older who is within immediate reach of the controls of the motor. For
purposes of new text begin this section and new text end section 169A.20, the person age deleted text begin 21deleted text end new text begin 18new text end or older, as well as the
actual operator, new text begin is operating and new text end is in physical control of the motorboat.
(b) A person under age 12 may not operate or be allowed to operate a new text begin personal watercraft
or a new text end watercraft propelled by a motor with a factory rating of more than 75 horsepower.
Subd. 2.
Age 12 to deleted text begin 17deleted text end new text begin 15new text end ;new text begin watercraft operator'snew text end permit required.
new text begin (a) new text end Except as
provided in this subdivision, a person age 12 or older and younger than age deleted text begin 18deleted text end new text begin 16new text end may not
operate a motorboat deleted text begin powered by a motor over 25 horsepowerdeleted text end new text begin , including a personal watercraft,new text end
without possessing a valid watercraft operator's permit from this state or from the operator's
state of residence unless there is a deleted text begin persondeleted text end new text begin parent or guardiannew text end age deleted text begin 21deleted text end new text begin 18new text end or older in the
motorboat who is within immediate reach of the controls of the motor.
new text begin (b)new text end For purposes of new text begin this section and new text end section 169A.20, the person age deleted text begin 21deleted text end new text begin 18new text end or older, as
well as the actual operator, new text begin is operating and new text end is in physical control of the motorboat.
new text begin Subd. 2a. new text end
new text begin Age 16 and older; watercraft operator's permit required. new text end
new text begin
(a) Except in
case of an emergency, a person born after December 31, ...., and who is age 16 or older may
not operate a motorboat, including a personal watercraft, without possessing a valid watercraft
operator's permit from this state or from the operator's state of residence.
new text end
new text begin
(b) A person must be at least age 11 to take the watercraft operator's course and receive
a permit, but the permit is not valid until the person reaches age 12.
new text end
new text begin Subd. 2b. new text end
new text begin Proof of watercraft operator's permit. new text end
new text begin
A person who is required to have a
watercraft operator's permit must carry proof that the person has a valid watercraft operator's
permit and must display the proof to a law enforcement officer upon request.
new text end
Subd. 3.
Owners may not allow certain uses.
An ownernew text begin or other person in lawful
controlnew text end of a watercraft may not allow a watercraft to be operated contrary to deleted text begin the provisions
of subdivision 2deleted text end new text begin this sectionnew text end .
new text begin Subd. 4. new text end
new text begin Guardian; definition. new text end
new text begin
For purposes of this section, "guardian" means a legal
guardian, or a person age 18 or older who has been authorized by the parent or legal guardian
to supervise the person.
new text end
Sec. 3.
Minnesota Statutes 2020, section 86B.313, subdivision 4, is amended to read:
Subd. 4.
Dealers and rental operations.
(a) A dealer of personal watercraft shall
distribute a summary of the laws and rules governing the operation of personal watercraft
and, upon request, shall provide instruction to a purchaser regarding:
(1) the laws and rules governing personal watercraft; and
(2) the safe operation of personal watercraft.
(b) A person who offers personal watercraft for rent:
(1) shall provide a summary of the laws and rules governing the operation of personal
watercraft and provide instruction regarding the laws and rules and the safe operation of
personal watercraft to each person renting a personal watercraft;
(2) shall provide a United States Coast Guard (USCG) approved wearable personal
flotation device with a USCG label indicating it either is approved for or does not prohibit
use with personal watercraft or water-skiing and any other required safety equipment to all
persons who rent a personal watercraft at no additional cost; and
(3) shall require that a watercraft operator's permit from this state or from the operator's
state of residence be shown each time a personal watercraft is rented to any person deleted text begin younger
than age 18deleted text end new text begin required to have a watercraft operator's permit under section 86B.305new text end and shall
record the permit new text begin number new text end on the form provided by the commissioner.
(c) Each dealer of personal watercraft or person offering personal watercraft for rent
shall have the person who purchases or rents a personal watercraft sign a form provided by
the commissioner acknowledging that the purchaser or renter has been provided a copy of
the laws and rules regarding personal watercraft operation and has read them. The form
must be retained by the dealer or person offering personal watercraft for rent for a period
of six months following the date of signature and must be made available for inspection by
sheriff's deputies or conservation officers during normal business hours.
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 86B.313, subdivisions 2 and 3,
new text end
new text begin
are repealed.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective January 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: 21-02293
86B.313 PERSONAL WATERCRAFT; REGULATIONS.
Subd. 2.
Age of operator.
Except in the case of an emergency, a person under the age of 13 years may not operate or be permitted to operate a personal watercraft, regardless of horsepower. It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated contrary to this subdivision.
Subd. 3.
Operator's permit; adult supervision.
Except in the case of an emergency, a person 13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless of horsepower, without possessing a valid watercraft operator's permit as required by section 86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the permit requirement, a person 13 years of age operating a personal watercraft must remain under visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft may not permit the personal watercraft to be operated contrary to this subdivision.