SF 553

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:04pm

A bill for an act
relating to natural resources; requiring safety education and permitting for certain
watercraft operators; imposing certain obligations on motorboat rental businesses;
appropriating money; amending Minnesota Statutes 2022, sections 86B.313,
subdivision 4; 171.07, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2022, sections
86B.101; 86B.305; 86B.313, subdivisions 2, 3.

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

Section 1.

new text begin [86B.30] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections 86B.30
to 86B.341.
new text end

new text begin Subd. 2. new text end

new text begin Accompanying operator. new text end

new text begin "Accompanying operator" means a person 21 years
of age or older who:
new text end

new text begin (1) is in a personal watercraft or other type of motorboat;
new text end

new text begin (2) is within immediate reach of the controls of the motor; and
new text end

new text begin (3) possesses a valid operator's permit or is an exempt operator.
new text end

new text begin Subd. 3. new text end

new text begin Adult operator. new text end

new text begin "Adult operator" means a motorboat operator, including a
personal watercraft operator, who is 12 years of age or older and who was:
new text end

new text begin (1) effective July 1, 2025, born on or after July 1, 2004;
new text end

new text begin (2) effective July 1, 2026, born on or after July 1, 2000;
new text end

new text begin (3) effective July 1, 2027, born on or after July 1, 1996; and
new text end

new text begin (4) effective July 1, 2028, born on or after July 1, 1987.
new text end

new text begin Subd. 4. new text end

new text begin Exempt operator. new text end

new text begin "Exempt operator" means a motorboat operator, including
a personal watercraft operator, who is 12 years of age or older and who:
new text end

new text begin (1) possesses a valid license to operate a motorboat issued for maritime personnel by
the United State Coast Guard under Code of Federal Regulations, title 46, part 10, or a
marine certificate issued by the Canadian government;
new text end

new text begin (2) is not a resident of the state, is temporarily using the waters of the state for a period
not to exceed 60 days, and:
new text end

new text begin (i) meets any applicable requirements of the state or country of residency; or
new text end

new text begin (ii) possesses a Canadian pleasure craft operator's card;
new text end

new text begin (3) is operating a motorboat under a dealer's license according to section 86B.405; or
new text end

new text begin (4) is operating a motorboat during an emergency.
new text end

new text begin Subd. 5. new text end

new text begin Motorboat rental business. new text end

new text begin "Motorboat rental business" means a person
engaged in the business of renting or leasing motorboats, including personal watercraft, for
a period not exceeding 30 days. Motorboat rental business includes a person's agents and
employees.
new text end

new text begin Subd. 6. new text end

new text begin Young operator. new text end

new text begin "Young operator" means a motorboat operator, including a
personal watercraft operator, younger than 12 years of age.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

new text begin [86B.302] WATERCRAFT OPERATOR'S PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The commissioner must issue a watercraft operator's permit
to a person 12 years of age or older who successfully completes a water safety course and
written test according to section 86B.304, paragraph (a), or who provides proof of completing
a program subject to a reciprocity agreement or certified by the commissioner as substantially
similar.
new text end

new text begin Subd. 2. new text end

new text begin Issuing permit to certain young operators. new text end

new text begin The commissioner may issue a
permit under this section to a person who is at least 11 years of age, but the permit is not
valid until the person becomes an adult operator.
new text end

new text begin Subd. 3. new text end

new text begin Personal possession required. new text end

new text begin (a) A person who is required to have a watercraft
operator's permit must have in personal possession:
new text end

new text begin (1) a valid watercraft operator's permit;
new text end

new text begin (2) a driver's license that has a valid watercraft operator's permit indicator issued under
section 171.07, subdivision 20; or
new text end

new text begin (3) an identification card that has a valid watercraft operator's permit indicator issued
under section 171.07, subdivision 20.
new text end

new text begin (b) A person who is required to have a watercraft operator's permit must display one of
the documents described in paragraph (a) to a conservation officer or peace officer upon
request.
new text end

new text begin Subd. 4. new text end

new text begin Using electronic device to display proof of permit. new text end

new text begin If a person uses an
electronic device to display a document described in subdivision 3 to a conservation officer
or peace officer:
new text end

new text begin (1) the officer is immune from liability for any damage to the device, unless the officer
does not exercise due care in handling the device; and
new text end

new text begin (2) this does not constitute consent for the officer to access other contents on the device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 3.

new text begin [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER
MOTORBOATS.
new text end

new text begin Subdivision 1. new text end

new text begin Adult operators. new text end

new text begin An adult operator may not operate a motorboat,
including a personal watercraft, unless:
new text end

new text begin (1) the adult operator possesses a valid watercraft operator's permit;
new text end

new text begin (2) the adult operator is an exempt operator; or
new text end

new text begin (3) an accompanying operator is in the motorboat.
new text end

new text begin Subd. 2. new text end

new text begin Young operators. new text end

new text begin (a) A young operator may not operate a personal watercraft
or any motorboat powered by a motor with a factory rating of more than 75 horsepower.
new text end

new text begin (b) A young operator may operate a motorboat that is not a personal watercraft and that
is powered by a motor with a factory rating of less than 75 horsepower if an accompanying
operator is in the motorboat.
new text end

new text begin Subd. 3. new text end

new text begin Accompanying operators. new text end

new text begin For purposes of this section and section 169A.20,
an accompanying operator, as well as the actual operator, is operating and is in physical
control of a motorboat.
new text end

new text begin Subd. 4. new text end

new text begin Owners may not allow unlawful use. new text end

new text begin An owner or other person in lawful
control of a motorboat may not allow the motorboat to be operated contrary to this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 4.

new text begin [86B.304] WATERCRAFT SAFETY PROGRAM.
new text end

new text begin (a) The commissioner must establish a water safety course and testing program for
personal watercraft and watercraft operators and must prescribe a written test as part of the
course. The course must be approved by the National Association of State Boating Law
Administrators and must be available online. The commissioner may allow designated water
safety courses administered by third parties to meet the requirements of this paragraph and
may enter into reciprocity agreements or otherwise certify boat safety education programs
from other states that are substantially similar to in-state programs. The commissioner must
establish a working group of interested parties to develop course content and implementation.
The course must include content on best management practices for mitigating aquatic
invasive species, reducing conflicts among user groups, and limiting the ecological impacts
of watercraft.
new text end

new text begin (b) The commissioner must create or designate a short boater safety examination to be
administered by motorboat rental businesses, as required by section 86B.306, subdivision
3. The examination developed under this paragraph must be one that can be administered
electronically or on paper, at the option of the motorboat rental business administering the
examination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 5.

new text begin [86B.306] MOTORBOAT RENTAL BUSINESSES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A motorboat rental business must not rent or lease a
motorboat, including a personal watercraft, to any person for operation on waters of this
state unless the renter or lessee:
new text end

new text begin (1) has a valid watercraft operator's permit or is an exempt operator; and
new text end

new text begin (2) is 18 years of age or older.
new text end

new text begin Subd. 2. new text end

new text begin Authorized operators. new text end

new text begin A motorboat rental business must list on each motorboat
rental or lease agreement the name and age of each operator who is authorized to operate
the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that
only listed authorized operators operate the motorboat or personal watercraft.
new text end

new text begin Subd. 3. new text end

new text begin Summary of boating regulations; examination. new text end

new text begin (a) A motorboat rental
business must provide each authorized operator a summary of the statutes and rules governing
operation of motorboats and personal watercraft in the state and instructions for safe
operation.
new text end

new text begin (b) Each authorized operator must review the summary provided under this subdivision
and must take a short boater safety examination in a form approved by the commissioner
before the motorboat or personal watercraft leaves the motorboat rental business premises,
unless the authorized operator has taken the examination during the previous 60 days.
new text end

new text begin Subd. 4. new text end

new text begin Safety equipment for personal watercraft. new text end

new text begin A motorboat rental business must
provide to all persons who rent a personal watercraft, at no additional cost, 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read:

Subd. 4.

Dealers deleted text begin and rental operations deleted text end .

(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) deleted text begin A person who offers personal watercraft for rent:
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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 younger
than age 18 and shall record the permit on the form provided by the commissioner.
deleted text end

deleted text begin (c) deleted text end Each dealer of personal watercraft deleted text begin or person offering personal watercraft for rent deleted text end
shall have the person who purchases deleted text begin or rents deleted text end a personal watercraft sign a form provided by
the commissioner acknowledging that the purchaser deleted text begin or renter deleted text end 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 deleted text begin or person offering personal watercraft for rent deleted text end for deleted text begin a period
deleted text end deleted text begin of deleted text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Watercraft operator's permit. new text end

new text begin (a) The department must maintain in its
records information transmitted electronically from the commissioner of natural resources
identifying each person to whom the commissioner has issued a watercraft operator's permit.
The records transmitted from the Department of Natural Resources must contain the full
name and date of birth as required for the driver's license or identification card. Records
that are not matched to a driver's license or identification card record may be deleted after
seven years.
new text end

new text begin (b) After receiving information under paragraph (a) that a person has received a watercraft
operator's permit, the department must include on all drivers' licenses or Minnesota
identification cards subsequently issued to the person a graphic or written indication that
the person has received the permit.
new text end

new text begin (c) If a person who has received a watercraft operator's permit applies for a driver's
license or Minnesota identification card before that information has been transmitted to the
department, the department may accept a copy of the certificate as proof of its issuance and
must then follow the procedures in paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $58,000 in fiscal year 2024 is appropriated from the driver services operating account
under Minnesota Statutes, section 299A.705, to the commissioner of public safety for card
vendor costs related to including a watercraft operator's permit indicator on driver's licenses
and identification cards.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and
3, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: S0553-2

86B.101 WATERCRAFT SAFETY PROGRAM.

Subdivision 1.

Safety program.

The commissioner shall continue and expand the comprehensive boat safety and education program. The commissioner shall cooperate with boaters, governmental subdivisions, state agencies, other states, and the federal government in the operation of the program.

Subd. 2.

Youth watercraft safety course.

(a) The commissioner shall establish an educational course and a testing program for personal watercraft and watercraft operators and for persons age 12 or older but younger than age 18 required to take the watercraft safety course. The commissioner shall prescribe a written test as part of the course. A personal watercraft educational course and testing program that emphasizes safe and legal operation must be required for persons age 13 or older but younger than age 18 operating personal watercraft.

(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but younger than age 18 who successfully completes the educational program and the written test.

Subd. 3.

Operator's permit.

The commissioner shall issue a watercraft operator's permit to a person who successfully qualifies for a watercraft operator's permit under the boat safety education program.

Subd. 4.

Boat safety education program; reciprocity with other states.

The commissioner may enter into reciprocity agreements or otherwise certify boat safety education programs from other states that are substantially similar to in-state programs. The commissioner shall issue a watercraft operator's permit to a person who provides proof of completion of a program subject to a reciprocity agreement or certified as substantially similar.

86B.305 YOUTH OPERATORS.

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 watercraft propelled by a motor with a factory rating of more than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one person age 21 or older who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.

(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 75 horsepower.

Subd. 2.

Age 12 to 17; permit required.

Except as provided in this subdivision, a person age 12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25 horsepower without possessing a valid watercraft operator's permit from this state or from the operator's state of residence unless there is a person age 21 or older in the motorboat who is within immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control of the motorboat.

Subd. 3.

Owners may not allow certain uses.

An owner of a watercraft may not allow a watercraft to be operated contrary to the provisions of subdivision 2.

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.