Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 2678

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/27/2016 08:56am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 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 1.23 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 2.31 2.32 2.33 2.34 2.35 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
3.23 3.24

A bill for an act
relating to natural resources; creating Sophia's Law; requiring marine carbon
monoxide detection systems on certain motorboats; requiring safety information
on carbon monoxide poisoning from certain motorboats; requiring a report;
appropriating money; amending Minnesota Statutes 2014, section 86B.005,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 86B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 86B.005, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Enclosed accommodation compartment. new text end

new text begin "Enclosed accommodation
compartment" means one contiguous space, surrounded by boat structure that contains
all of the following:
new text end

new text begin (1) designated sleeping accommodations;
new text end

new text begin (2) a galley area with sink; and
new text end

new text begin (3) a head compartment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Enclosed occupancy compartment. new text end

new text begin "Enclosed occupancy compartment"
means one contiguous enclosed space surrounded by boat structure that may be occupied
by a person.
new text end

Sec. 3.

Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Marine carbon monoxide detection system. new text end

new text begin "Marine carbon monoxide
detection system" means a device or system that meets the requirements of the American
Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems.
new text end

Sec. 4.

new text begin [86B.532] CARBON MONOXIDE DETECTION DEVICE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) No motorboat that has an enclosed
accommodation compartment may be operated on any waters of the state unless the
motorboat is equipped with a functioning marine carbon monoxide detection system
installed according to the manufacturer's instructions.
new text end

new text begin (b) After the effective date of this section, no new motorboat that has an enclosed
accommodation compartment may be sold or offered for sale in Minnesota unless the
motorboat is equipped with a new functioning marine carbon monoxide detection system
installed according to the manufacturer's instructions.
new text end

new text begin Subd. 2. new text end

new text begin Boating safety courses. new text end

new text begin All state-sponsored boating safety courses and all
boating safety courses that require state approval by the commissioner must incorporate
information about the dangers of being overcome by carbon monoxide poisoning while on
or behind a motorboat and how to prevent that poisoning.
new text end

new text begin Subd. 3. new text end

new text begin Carbon monoxide poisoning warning labels. new text end

new text begin (a) No gasoline-powered
motorboat that has an enclosed occupancy compartment may be operated on any waters
of the state unless labels warning of carbon monoxide dangers are affixed in the vicinity
of: the aft reboarding/stern area, the steering station, and in or at the entrance to any
enclosed occupancy compartment.
new text end

new text begin (b) For a motorboat sold by a dealer, the dealer must ensure that specified warning
labels have been affixed before completion of the transaction.
new text end

new text begin (c) Warning labels approved by the American Boat and Yacht Council, National
Marine Manufacturers Association, or the commissioner satisfy the requirements of this
section when installed as specified.
new text end

new text begin Subd. 4. new text end

new text begin License agents; distribution. new text end

new text begin The commissioner shall mail the information
and labels to all motorboat owners of watercraft that are 19 feet and greater in length
the first year. The commissioner must also provide license agents with informational
brochures and warning labels about the dangers of carbon monoxide poisoning while
boating. A license agent must make the brochure and labels available to motorboat owners
and make efforts to inform new owners of the requirement. The commissioner shall
highlight the new requirements on the watercraft renewal reminder postcard for three
consecutive three-year license cycles and in the Minnesota Boating Guide. The brochure
must instruct motorboat owners to place the labels according to subdivision 3, and inform
motorboat owners of carbon monoxide dangers of gasoline-powered generators.
new text end

new text begin Subd. 5. new text end

new text begin Safety warning. new text end

new text begin A first violation of this section shall not result in a
penalty, but is punishable only by a safety warning. A second or subsequent violation
is a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2017.
new text end

Sec. 5. new text begin REPORT.
new text end

new text begin The Minnesota Department of Natural Resources shall submit a report to the
legislature by November 1, 2018. The report shall outline any issues encountered relating
to implementation of this act, any changes to marine manufacturing industry standards
relating to carbon monoxide, the availability of plug-in or battery-powered marine certified
carbon monoxide detectors, and best practices in preventing carbon monoxide poisoning
relating to motorboat operation, including the feasibility of requiring carbon monoxide
detectors that are more sensitive in measuring carbon monoxide than required in this act.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin (a) $210,000 in fiscal year 2017 is appropriated from the water recreation account in
the natural resources fund to the commissioner of natural resources for the purposes of
sections 1 to 5. This is a onetime appropriation.
new text end

new text begin (b) The commissioner of natural resources shall seek federal and other nonstate
funds to reimburse the department for the initial costs of producing and distributing
carbon monoxide boat warning labels. All amounts collected under this paragraph shall be
deposited into the water recreation account.
new text end

Sec. 7. new text begin CITATION.
new text end

new text begin Sections 1 to 6 may be known and cited as "Sophia's Law."
new text end